NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
December 30, 2009
JOANNE M. DEGEORGE, RESPONDENT,
MATTHEW F. BAUMAN, APPELLANT.
Appeal from an order of the Erie County Court (Michael L. D'Amico, J.), entered August 21, 2008. The order affirmed an order of the Buffalo City Court (Kevin J. Keane, J.), entered November 21, 2007, which had denied defendant's motion to dismiss the complaint due to plaintiff's spoilation of evidence.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010
It is hereby ordered that said appeal is unanimously dismissed without costs (see Ellingsworth v City of Watertown, 113 AD2d 1013, 1014 ).
Present---Scudder, P.J., Smith, Peradotto, Green and Gorski, JJ.
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