*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1416

CA 14-00213

PRESENT: SMITH, J.P., FAHEY, WHALEN, AND DEJOSEPH, JJ.

JEFF CONIBER, DOING BUSINESS AS JEFF CONIBER

TRUCKING, PLAINTIFF-RESPONDENT,

V ORDER CENTER POINT TRANSFER STATION, INC., MATTHEW W.

LOUGHRY AND KENNETH LOUGHRY,

DEFENDANTS-APPELLANTS.

(APPEAL NO. 1.)

E. ROBERT FUSSELL, P.C., LEROY (E. ROBERT FUSSELL OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

PIRRELLO, MISSAL, PERSONTE & FEDER, ROCHESTER (STEVEN E. FEDER OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered April 29, 2013. The order, insofar as appealed from, denied in part the motion of defendants to compel discovery responses.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: February 6, 2015 Frances E. Cafarell

Clerk of the Court