JOSEPH BYRD PLAINTIFF RESPONDENT v. APPEAL NO (2011)

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

JOSEPH BYRD, PLAINTIFF–RESPONDENT, v. FREDERICK E. RONEKER, JR., DEFENDANT–APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 2.)

CA 11–00542

Decided: December 30, 2011

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, GREEN, AND MARTOCHE, JJ.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (NANCY A. LONG OF COUNSEL), FOR DEFENDANT–APPELLANT. BARRY J. DONOHUE, TONAWANDA, FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting in part the motion of defendant Frederick E. Roneker, Jr. to settle the record on appeal and including plaintiff's memorandum of law therein for the sole purpose of determining whether certain of plaintiff's contentions are preserved for our review and as modified the order is affirmed without costs.

Same Memorandum as in Byrd v. Roneker ( [appeal No. 1] _ AD3d _ [Dec. 30, 2011] ).

Frances E. Cafarell

Clerk of the Court

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