KIMBERLY SNICKLES PLAINTIFF APPELLANT v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department.

KIMBERLY SNICKLES, PLAINTIFF–APPELLANT, v. DENNIS GABRYSZAK, ADAM LOCHER, SHELDON SILVER, NEW YORK STATE ASSEMBLY AND STATE OF NEW YORK, DEFENDANTS–RESPONDENTS. (APPEAL NO. 3.)

CA 16–01870

Decided: September 29, 2017

PRESENT:  SMITH, J.P., PERADOTTO, LINDLEY, DEJOSEPH, AND WINSLOW, JJ. LAW OFFICES OF JOHN P. BARTOLOMEI & ASSOCIATES, NIAGARA FALLS (JOHN P. BARTOLOMEI OF COUNSEL), FOR PLAINTIFF–APPELLANT. CONNORS LLP, BUFFALO (NICHOLAS A. ROMANO OF COUNSEL), FOR DEFENDANT–RESPONDENT DENNIS GABRYSZAK. CHIACCHIA & FLEMING, LLP, HAMBURG (ANDREW P. FLEMING OF COUNSEL), FOR DEFENDANT–RESPONDENT ADAM LOCHER. HOGAN LOVELLS U.S. LLP, NEW YORK CITY (KENNETH KIRSCHNER OF COUNSEL), FOR DEFENDANT–RESPONDENT SHELDON SILVER. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ROBERT M. GOLDFARB OF COUNSEL), FOR DEFENDANTS–RESPONDENTS NEW YORK STATE ASSEMBLY AND STATE OF NEW YORK.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal from so much of the order as sua sponte dismissed the amended complaint against defendant Adam Locher is unanimously dismissed (see Mohler v. Nardone, 53 AD3d 600, 600;  see generally Sholes v. Meagher, 100 N.Y.2d 333, 335), and the order is affirmed without costs for reasons stated in the decision at Supreme Court.

Mark W. Bennett

Clerk of the Court