*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1048

CA 15-00117

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND DEJOSEPH, JJ. JACOB STILLMAN, PLAINTIFF-APPELLANT,

V ORDER MOBILE MOUNTAIN, INC., PHILLIP A. CERNY,

JOSHUA WOOLEY, DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.

THE BALLOW LAW FIRM, P.C., WILLIAMSVILLE (KEVIN F. WALSH OF COUNSEL), FOR PLAINTIFF-APPELLANT.

OSBORN, REED & BURKE, LLP, ROCHESTER (JEFFREY P. DIPALMA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered May 8, 2014. The order granted the motion of defendants Mobile Mountain, Inc., Phillip A. Cerny and Joshua Wooley to bifurcate trial of the issues of liability and damages.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: October 2, 2015 Frances E. Cafarell

Clerk of the Court