SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
February 6, 2009
OLIPHANT FINANCIAL CORPORATION, PLAINTIFF-RESPONDENT,
JAMES T. ANGELO, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered May 30, 2007 in an action for breach of contract. The order granted the motion of plaintiff for summary judgment.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.
It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Murphy v Niagara Frontier Transp. Auth., 207 AD2d 1038; see also CPLR 5513 [a]).
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