KEVIN VIVYAN AND TERRI VIVYAN PLAINTIFFS APPELLANTS v. APPEAL NO

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

KEVIN J. VIVYAN AND TERRI L. VIVYAN, PLAINTIFFS–APPELLANTS, v. ILION CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION OF ILION CENTRAL SCHOOL DISTRICT AND ILION MEMORIAL POST # 920, AMERICAN LEGION, INC., DEFENDANTS–RESPONDENTS. (APPEAL NO. 1.)

CA 11–01838

Decided: April 20, 2012

PRESENT:  SCUDDER, P.J., FAHEY, LINDLEY, AND MARTOCHE, JJ. DOUGLAS G. ROBERTS, SYRACUSE, FOR PLAINTIFFS–APPELLANTS. ROEMER WALLENS GOLD & MINEAUX, LLP, ALBANY (MATTHEW J. KELLY OF COUNSEL), FOR DEFENDANTS–RESPONDENTS.

ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 A.D.2d 435;  see also CPLR 5501[a][1], [2] ).

Frances E. Cafarell

Clerk of the Court