SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 30, 2011
JOSEPH BYRD, PLAINTIFF-RESPONDENT,
FREDERICK E. RONEKER, JR., DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered March 8, 2011 in a personal injury action.
Byrd v Roneker
Appellate Division, Fourth Department
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.
Decided on December 30, 2011
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, GREEN, AND MARTOCHE, JJ.
The order settled the record on appeal from an order entered October 25, 2010.
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting in part the motion
of defendant Frederick E. Roneker, Jr. to settle the record on appeal and including plaintiff's memorandum of law therein for
the sole purpose of determining whether certain of plaintiff's contentions are preserved for our review and as modified the
order is affirmed without costs.
Same Memorandum as in Byrd v Roneker ([appeal No. 1] ___ AD3d ___ [Dec. 30, 2011]).
Entered: December 30, 2011
Frances E. Cafarell Clerk of the Court
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