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Stewart M. Shute, Jr., Plaintiff-Appellant v. Robert Mclusky

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


June 8, 2012

STEWART M. SHUTE, JR., PLAINTIFF-APPELLANT,
v.
ROBERT MCLUSKY, DEFENDANT-RESPONDENT, MICHAEL BLOOM, DEFENDANT. (APPEAL NO. 1.)

Appeal from an amended judgment (denominated amended order) of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered July 14, 2010.

Shute v McLusky

Decided on June 8, 2012

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.

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

The amended judgment granted the motion of defendant Robert McLusky for summary judgment.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051).

Entered: June 8, 2012

Frances E. Cafarell Clerk of the Court

20120608

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