*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 727

CA 12-01832

PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ. JEAN JOHNSON, INDIVIDUALLY AND AS PARENT AND

NATURAL GUARDIAN OF MICHAEL STACHEWICZ, III,

PLAINTIFF-APPELLANT,

V ORDER JOHN G. MANNA AND ROBERTA S. MANNA,

DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.

(APPEAL NO. 2.)

LAW OFFICES OF EUGENE C. TENNEY, BUFFALO (NATHAN C. DOCTOR OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered August 7, 2012. The order, among other things, granted the motion of defendants John G. Manna and Roberta S. Manna to strike the note of issue and statement of readiness.

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

Entered: June 28, 2013 Frances E. Cafarell

Clerk of the Court