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BYRD v. RONEKER

CA 11-00542.

2011 NY Slip Op 09717

JOSEPH BYRD, PLAINTIFF-RESPONDENT, v. FREDERICK E. RONEKER, JR., DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 2.)

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

Decided December 30, 2011.

Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( NANCY A. LONG OF COUNSEL), FOR DEFENDANT-APPELLANT.

BARRY J. DONOHUE , TONAWANDA, FOR PLAINTIFF-RESPONDENT.

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, GREEN, AND MARTOCHE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting in part the motion of defendant Frederick E. Roneker, Jr. to settle the record on appeal and including plaintiff's memorandum of law therein for the sole purpose of determining whether certain of plaintiff's contentions are preserved for our review and as modified the order is affirmed without costs.

Same Memorandum as in Byrd v Roneker ([appeal No. 1] ___ AD3d...

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