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John Mazzarella, Individually and As Father of Four Minor Children of Ages 5, 7, 9, and 11 v. Syracuse Diocese

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


November 9, 2012

JOHN MAZZARELLA, INDIVIDUALLY AND AS FATHER OF FOUR MINOR CHILDREN OF AGES 5, 7, 9, AND 11,
PLAINTIFF-APPELLANT,
v.
SYRACUSE DIOCESE, BISHOP JAMES M. MOYNIHAN, BISHOP THOMAS J. COSTELLO AND
FR. JOHN W. BRODERICK, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)

Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered February 28, 2011.

Mazzarella v Syracuse Diocese

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.

Released on November 9, 2012

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

The order and judgment directed defendants Syracuse Diocese, Bishop James M. Moynihan and Bishop Thomas J. Costello to produce certain documents for in camera review and otherwise granted the motion of those defendants for a protective order.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Matter of Nugent, 26 AD3d 892, 893).

Entered: November 9, 2012

Frances E. Cafarell Clerk of the Court

20121109

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