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Brandy B. v. Eden Central School Dist.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 5, 2009

BRANDY B., INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF BRENNA B., AN INFANT, PLAINTIFF,
v.
EDEN CENTRAL SCHOOL DISTRICT, ET AL., DEFENDANTS.
EDEN CENTRAL SCHOOL DISTRICT AND EDEN CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, THIRD-PARTY PLAINTIFFS-APPELLANTS,
v.
JOHN ZAJAC AND KAREN ZAJAC, AS FOSTER PARENTS AND GUARDIANS TO ROBERT FELVUS, AN INFANT, THIRD-PARTY DEFENDANTS-RESPONDENTS, ET AL., THIRD-PARTY DEFENDANT. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered June 6, 2008 in a personal injury action. The order granted the motion of third-party defendants John Zajac and Karen Zajac, as foster parents and guardians to Robert Felvus, an infant, for summary judgment dismissing the third-party complaint against them.

PRESENT: SCUDDER, P.J., MARTOCHE, FAHEY, PERADOTTO, AND GREEN, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same Memorandum as in Brandy B. v Eden Cent. School Dist. ([appeal No. 1] ___ AD3d ___ [June 5, 2009]).

20090605

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