Case Information

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

1343 CA 11-00542

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

December 30, 2011

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

MEMORANDUM AND ORDER

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

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

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered March 8, 2011 in a personal injury action. The order settled the record on appeal from an order entered October 25, 2010.

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 ___ [Dec. 30, 2011]).

Entered: December 30, 2011

Frances E. Cafarell

Clerk of the Court