*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1219

CA 13-02141

PRESENT: SMITH, J.P., CENTRA, FAHEY, LINDLEY, AND WHALEN, JJ. INCREDIBLE INVESTMENTS LIMITED, ON ITS OWN AND

ON BEHALF OF ONE NIAGARA, LLC,

PLAINTIFF-RESPONDENT,

V ORDER PAUL GRENGA, INDIVIDUALLY, AND AS PRESIDENT OF

WHITESTAR DEVELOPMENT CORP., AND AS CLAIMED

CURRENT MANAGER OF ONE NIAGARA, LLC, WHITESTAR

DEVELOPMENT CORP., DEFENDANTS-APPELLANTS,

ET AL., DEFENDANT.

(APPEAL NO. 1.)

LAW OFFICE OF RALPH C. LORIGO, WEST SENECA (JON F. MINEAR OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

SANDERS & SANDERS, CHEEKTOWAGA (HARVEY P. SANDERS OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Niagara County (Timothy J. Walker, A.J.), entered March 8, 2013. The order, among other things, granted plaintiff’s motion for partial summary judgment and denied defendants’ cross motion for summary judgment.

It is hereby ORDERED that said appeal is unanimously dismissed without costs ( see Loafin’ Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985, 985).

Entered: February 6, 2015 Frances E. Cafarell

Clerk of the Court