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Town of Amherst and Granite State Insurance Company v. Arthur Hilger

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


March 22, 2013

TOWN OF AMHERST AND GRANITE STATE INSURANCE COMPANY,
PLAINTIFFS-RESPONDENTS,
v.
ARTHUR HILGER, SALLY BISHER, DEFENDANTS-APPELLANTS, AND AARON HILGER,
DEFENDANT. (APPEAL NO. 1.)

Appeal from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered January 23, 2012.

Town of Amherst v Hilger

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 March 22, 2013

PRESENT: SMITH, J.P., FAHEY, VALENTINO, WHALEN, AND MARTOCHE, JJ.

The order, among other things, granted that part of plaintiffs' motion seeking summary judgment against defendants Arthur Hilger and Sally Bisher.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

Entered: March 22, 2013

Frances E. Cafarell Clerk of the Court

20130322

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