Consedine v Portville Cent. School Dist. |
2008 NY Slip Op 02379 [49 AD3d 1290] |
March 14, 2008 |
Appellate Division, Fourth Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
John R. Consedine, Respondent, v Portville Central School District et al., Appellants. (Appeal No. 2.) |
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School Administrators Association of New York State, Latham (John F. Kershko of
counsel), for plaintiff-respondent.
Timothy G. Kremer, Executive Director, Latham (Jay Worona of counsel), for New York
State School Boards Association, Inc., amicus curiae.
Appeal from an amended order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered November 13, 2006 in a breach of contract action. The amended order, insofar as appealed from, denied defendants' motion for summary judgment.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.