MURRAY KIRSHTEIN AS GUARDIAN AND AS ADMINISTRATOR OF THE ESTATE OF GEORGE TAPPER DECEASED PLAINTIFF v. AMERICU CREDIT UNION FORMERLY UP STATE FEDERAL CREDIT UNION DEFENDANT ET AL DEFENDANT AND THIRD PARTY ACTION

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

MURRAY J.S. KIRSHTEIN, AS GUARDIAN AND AS ADMINISTRATOR OF THE ESTATE OF GEORGE J. TAPPER, DECEASED, PLAINTIFF, v. AMERICU CREDIT UNION (FORMERLY UP STATE FEDERAL CREDIT UNION), DEFENDANT, ET AL., DEFENDANT.  (AND A THIRD-PARTY ACTION.)

CA 10-01686

Decided: March 25, 2011

PRESENT:  CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ. NASTO LAW FIRM, YORKVILLE (JOHN A. NASTO, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT. ROSSI AND MURNANE, NEW YORK MILLS (VINCENT J. ROSSI, JR., OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

OPINION AND ORDER

(ACTION NO. 1.)

(ACTION NO. 2.)

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Same Opinion by Centra, J.P., as in Kirshtein v. AmeriCU Credit Union ( [appeal No. 1] _ AD3d _ [Mar. 25, 2011] ).

Patricia L. Morgan

Clerk of the Court