Musial v Donohue
2024 NYSlipOp 01415
March 15, 2024
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 1, 2024


[*1]
 Eugene Musial et al., Appellants,
v
David C. Donohue, Esq., et al., Respondents, et al., Defendants. (Appeal No. 2.)

Kevin T. Stocker, Tonawanda, for plaintiffs-appellants.

Goldberg Segalla LLP, Buffalo (Meghan M. Brown of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered June 6, 2023. The order denied the motion of plaintiffs seeking, inter alia, to strike the note of issue.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Musial v Donohue ([appeal No. 1] 225 AD3d &mdash, 2024 NY Slip Op 01414 [4th Dept 2024]). Present—Smith, J.P., Montour, Ogden, DelConte and Keane, JJ.