September 27, 2013
JONATHAN ABBOTT, PLAINTIFF-RESPONDENT,
VITO WILLIAM LUCCHETTI, JR., THE MACREPORT.NET, INC., MARCELLUS GROUP, LLC, MARCELLUS GROUP CONSTRUCTION, LLC, JA SPA, LLC, SONO PIZZA & PASTA FACTORY, INC., CROWN MILL RESTORATION DEVELOPMENT, LLC AND MACREPORT.NET MEDIA PUBLISHING, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered August 29, 2012. The order, insofar as appealed from, denied in part the motion of defendants to dismiss the amended complaint and denied the motion of defendants for a stay.
CERIO LAW OFFICES, SYRACUSE (DAVID W. HERKALA OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
KENNY & KENNY, PLLC, SYRACUSE (JUSTIN D. HOWLAND OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND PERADOTTO, JJ.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same Memorandum as in Abbott v Lucchetti ([appeal No. 3] ___ A.D.3d ___ [Sept. 27, 2013]).