Mazzarella v Syracuse Diocese
2012 NY Slip Op 07449 [100 AD3d 1384]
November 9, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


John Mazzarella, Individually and as Father of Four Minor Children of Ages 5, 7, 9 and 11, Appellant, v Syracuse Diocese et al., Respondents. (Appeal No. 1.)

—[*1] Jeff Anderson & Associates Pa, St. Paul, Minnesota, the Abbatoy Law Firm, PLLC, Rochester (David M. Abbatoy, Jr., of counsel), for plaintiff-appellant.

Hancock Estabrook, LLP, Syracuse (Maureen E. Maney of counsel), for defendants-respondents Syracuse Diocese, Bishop James M. Moynihan and Bishop Thomas J. Costello.

Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered February 28, 2011. The order and judgment directed defendants Syracuse Diocese, Bishop James M. Moynihan and Bishop Thomas J. Costello to produce certain documents for in camera review and otherwise granted the motion of those defendants for a protective order.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Nugent, 26 AD3d 892, 893 [2006]). Present—Scudder, P.J., Smith, Lindley and Martoche, JJ.