CARMEN BRITT AND CARMEN BRITT AS EXECUTOR OF THE ESTATE OF LULA BAITY DECEASED PLAINTIFF APPELLANT v. APPEAL NO (2013)

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

CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED, PLAINTIFF–APPELLANT, v. BUFFALO MUNICIPAL HOUSING AUTHORITY, ELAINE GARBE, BISILOLA F. JACKSON, AS ADMINISTRATOR OF THE ESTATE OF JERELENE ELIZABETH GIWA, DECEASED, GRACE MANOR HEALTH CARE FACILITY, INC., DAVID J. GENTNER, MARY STEPHAN, KATHY RANDALL, TIFFANY MATTHEWS AND PHILLIP J. RADOS, M.D., DEFENDANTS–RESPONDENTS. (APPEAL NO. 1.)

CA 12–00173

Decided: September 27, 2013

PRESENT: SCUDDER, P.J., FAHEY, SCONIERS, AND VALENTINO, JJ.

LAW OFFICE OF FRANK S. FALZONE, BUFFALO (RONALD P. HART OF COUNSEL), FOR PLAINTIFF–APPELLANT. COLUCCI & GALLAHER, P.C., BUFFALO (JOHN J. MARCHESE OF COUNSEL), FOR DEFENDANTS–RESPONDENTS BUFFALO MUNICIPAL HOUSING AUTHORITY, ELAINE

ORDER

GARBE, AND BISILOLA F. JACKSON, AS ADMINISTRATOR OF THE ESTATE OF JERELENE ELIZABETH GIWA, DECEASED.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v. Nussbaumer, Clarke & Velzy, 140 A.D.2d 988, 988; Chase Manhattan Bank, N.A. v. Roberts & Roberts, 63 A.D.2d 566, 567; see also CPLR 5501[a][1] ).

Frances E. Cafarell

Clerk of the Court

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