Consedine v Portville Cent. School Dist.

2008 NY Slip Op 02379 [49 AD3d 1290]

March 14, 2008

Appellate Division, Fourth Department

As corrected through Wednesday, May 14, 2008

John R. Consedine, Respondent, v Portville Central School Districtet al., Appellants. (Appeal No. 2.)

—[*1]Hodgson Russ LLP, Buffalo (Julia M. Hilliker of counsel), for defendants-appellants.

School Administrators Association of New York State, Latham (John F. Kershko ofcounsel), for plaintiff-respondent.

Timothy G. Kremer, Executive Director, Latham (Jay Worona of counsel), for New YorkState School Boards Association, Inc., amicus curiae.

Appeal from an amended order of the Supreme Court, Cattaraugus County (Larry M.Himelein, A.J.), entered November 13, 2006 in a breach of contract action. The amended order,insofar as appealed from, denied defendants' motion for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughesv Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. vRoberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]).Present—Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.