SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
July 10, 2009
ANITA L. RODRIGUEZ, FORMERLY KNOWN AS ANITA L. ROSARIO, AND ENRIQUE RODRIGUEZ, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered September 26, 2008 in a personal injury action. The order settled the record in appeal No. 1.
PRESENT: MARTOCHE, J.P., SMITH, CENTRA, FAHEY, AND PINE, JJ.
MEMORANDUM AND ORDER
(APPEAL NO. 2.)
It is hereby ORDERED that the order so appealed from is affirmed without costs. Same Memorandum as in Huff v Rodriguez ([appeal No. 1] ___ AD3d ___ [July 10, 2009]). All concur; SMITH and PINE, JJ., concur in the Memorandum insofar as it concerns appeal No. 2 only.
Patricia L. Morgan Clerk of the Court
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