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Kevin J. Vivyan and Terri L. Vivyan, Plaintiffs-Appellants v. Ilion Central School District

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


April 20, 2012

KEVIN J. VIVYAN AND TERRI L. VIVYAN, PLAINTIFFS-APPELLANTS,
v.
ILION CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION OF ILION CENTRAL SCHOOL DISTRICT
AND ILION MEMORIAL POST #920, AMERICAN LEGION, INC., DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered April 29, 2011 in a personal injury action.

Vivyan v Ilion Cent. School Dist.

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 April 20, 2012

PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, AND MARTOCHE, JJ.

(APPEAL NO. 1.)

The order, among other things, denied the motion of plaintiffs to set aside the verdict or for a new trial.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435; see also CPLR 5501 [a] [1], [2]).

Entered: April 20, 2012

Frances E. Cafarell Clerk of the Court

20120420

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