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Joann Hoeltke and Donald Hoeltke v. Allcare Dental & Dentures

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


March 15, 2013

JOANN HOELTKE AND DONALD HOELTKE, PLAINTIFFS-APPELLANTS,
v.
ALLCARE DENTAL & DENTURES,
DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered November 26, 2011.

Hoeltke v Allcare Dental & Dentures

Released on March 15, 2013

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: CENTRA, J.P., FAHEY, CARNI, LINDLEY, AND WHALEN, JJ.

The order, inter alia, granted defendant's motion to enforce a conditional order of preclusion and to strike plaintiffs' complaint and dismiss the action against defendant.

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: March 15, 2013

Frances E. Cafarell Clerk of the Court

20130315

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