ROBERT BURNETT PLAINTIFF RESPONDENT v. DESTINI ALLEN DEFENDANT BRIAN SMITH AND JANITORIAL SERVICES INC DOING BUSINESS AS JANITORIAL SERVICE DEFENDANTS APPELLANTS APPEAL NO (2023)

Supreme Court, Appellate Division, Fourth Department, New York.

ROBERT T. BURNETT, PLAINTIFF-RESPONDENT, v. DESTINI ALLEN, DEFENDANT, BRIAN J. SMITH AND J&L JANITORIAL SERVICES, INC., DOING BUSINESS AS K&K JANITORIAL SERVICE, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

313 Decided: July 28, 2023

PRESENT: WHALEN, P.J., PERADOTTO, BANNISTER, MONTOUR, AND GREENWOOD, JJ.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., WILLIAMSVILLE (ALAN J. BEDENKO OF COUNSEL), FOR DEFENDANTS-APPELLANTS. ANDREWS, BERNSTEIN, MARANTO & NICOTRA, PLLC, BUFFALO (ANTHONY IACONO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [4th Dept 1984]).

Entered: July 28, 2023

Ann Dillon Flynn

Clerk of the Court

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