*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 337

CA 14-00751

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ. RALPH GUERRUCCI, ON BEHALF OF HIMSELF AND ALL

OTHER PERSONS SIMILARLY SITUATED,

PLAINTIFFS-APPELLANTS,

V MEMORANDUM AND ORDER SCHOOL DISTRICT OF CITY OF NIAGARA FALLS, DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)

CREIGHTON, JOHNSEN & GIROUX, BUFFALO (JONATHAN G. JOHNSEN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

JAMES C. ROSCETTI, NIAGARA FALLS, FOR DEFENDANT-RESPONDENT. Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered March 25, 2014. The order denied the motion of plaintiffs seeking relief from a judgment (denominated order) entered October 24, 2013.

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

Same memorandum as in Guerrucci v School Dist. of City of Niagara Falls ([appeal No. 1] ___ AD3d ___ [Mar. 27, 2015]).

Entered: March 27, 2015 Frances E. Cafarell

Clerk of the Court