Kenney v. National Fuel Gas Distribution Corp.

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2004-03-19
Citations: 5 A.D.3d 1016, 773 N.Y.S.2d 732
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Lead Opinion

Appeal from an order of the Supreme Court, Erie County (David J. Mahoney, J.), entered October 31, 2002. The order

Page 1017
reserved decision on defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (3).

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Cobb v Kittinger, 168 AD2d 923 [1990]). Present—Green, J.P., Hurlbutt, Gorski, Lawton and Hayes, JJ.