DEVON FAISON AND TIERRA FAISON AN INFANT BY HER PARENT AND NATURAL GUARDIAN KIMBERLY BARNETT PLAINTIFFS APPELLANTS RESPONDENTS v. APPEAL NO (2014)

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

DEVON FAISON AND TIERRA FAISON, AN INFANT, BY HER PARENT AND NATURAL GUARDIAN, KIMBERLY BARNETT, PLAINTIFFS–APPELLANTS–RESPONDENTS, v. LEE LUONG, DEFENDANT–RESPONDENT–APPELLANT, JAMES L. CUYLER, ET AL., DEFENDANTS. (APPEAL NO. 3.)

CA 13–01394

Decided: November 14, 2014

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, AND VALENTINO, JJ.

ATHARI & ASSOCIATES, LLC, NEW HARTFORD (MO ATHARI OF COUNSEL), FOR PLAINTIFFS–APPELLANTS–RESPONDENTS. SLIWA & LANE, BUFFALO (STANLEY J. SLIWA OF COUNSEL), FOR DEFENDANT–RESPONDENT–APPELLANT.

MEMORANDUM AND ORDER

Appeal and cross appeal from an order of the Supreme Court, Monroe County (John J. Ark, J.), entered June 7, 2013. The order, among other things, denied the motion of defendant Lee Luong for summary judgment and denied the cross motion of plaintiffs for summary judgment.

It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs.

Same Memorandum as in Faison v. Luong ( [appeal No. 1] _ AD3d _ [Nov. 14, 2014] ).

Frances E. Cafarell

Clerk of the Court

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