Nichols v Diocese of Rochester

2007 NYSlipOp 05860

July 6, 2007

Appellate Division, Fourth Department

As corrected through Wednesday, September 12, 2007

Judith Nichols et al., on Behalf of Themselves and All Other Employees Similarly Situated, Appellants, v Diocese of Rochester, Respondent. (Appeal No. 1.)

—[*1]Dolin, Thomas & Solomon LLP, Rochester (J. Nelson Thomas of counsel), for plaintiffs-appellants.

Harris Beach PLLC, Pittsford (Gregory J. McDonald of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered June 1, 2004. The order, insofar as appealed from, granted in part defendant's motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Gorski, J.P., Smith, Centra, Lunn and Fahey, JJ.