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CARLSON v. PORTER

CA 07-01581.

2008 NY Slip Op 06261

MICHAEL J. CARLSON, SR., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF CLAUDIA D'AGOSTINO CARLSON, DECEASED, PLAINTIFF-RESPONDENT, v. WILLIAM M. PORTER, ET AL., DEFENDANTS, MVP DELIVERY AND LOGISTICS, INC., AIRBORNE, INC., AIRBORNE, INC., DOING BUSINESS AS AIRBORNE EXPRESS, DHL INTERNATIONAL, LTD., AND DHL WORLDWIDE EXPRESS, DEFENDANTS-APPELLANTS. (APPEAL NO. 3.)

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

Decided July 11, 2008.

Attorney(s) appearing for the Case

GOLDBERG SEGALLA LLP, BUFFALO (SUSAN VAN GELDER OF COUNSEL), FOR DEFENDANT-APPELLANT MVP DELIVERY AND LOGISTICS, INC.

ORRICK, HERRINGTON & SUTCLIFFE LLP, NEW YORK CITY (J. PETER COLL, JR., OF COUNSEL), CHELUS, HERDZIK, SPEYER, MONTE & PAJAK, P.C., BUFFALO, COLVIN WEAVER & CERNIGLIA, LLC, NEW ORLEANS, LOUISIANA, FOR DEFENDANTS-APPELLANTS AIRBORNE, INC., AIRBORNE, INC., DOING BUSINESS AS AIRBORNE EXPRESS, DHL INTERNATIONAL, LTD., AND DHL WORLDWIDE EXPRESS.

BROWN CHIARI LLP, LANCASTER (JANET D. CALLAHAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: CENTRA, J.P., LUNN, PERADOTTO, GREEN, AND PINE, JJ.

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

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