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Mark Hess and Gail Hess, Individually and As Parents and Natural Guardians of Marilyn Hess, An Infant v. Gary Nelson and Lynn Nelson

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


December 21, 2012

MARK HESS AND GAIL HESS, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF MARILYN HESS, AN INFANT,
PLAINTIFFS-APPELLANTS,
v.
GARY NELSON AND LYNN NELSON,
DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered December 16, 2011.

Hess v Nelson

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 December 21, 2012

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND VALENTINO, JJ.

The order granted the motion of defendants for summary judgment and dismissed the complaint.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Entered: December 21, 2012 Frances E. Cafarell Clerk of the Court

20121221

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