*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 935

CA 12-00518

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ. ROBERT KIMBER, PLAINTIFF-APPELLANT,

V ORDER BAILLIE LUMBER CO., DEFENDANT, BROOKS FORESTRY AND RESEARCH MANAGEMENT

CORPORATION, DEFENDANT-RESPONDENT. BRUCE R. BRYAN, SYRACUSE, FOR PLAINTIFF-APPELLANT.

SUGARMAN LAW FIRM, LLP, SYRACUSE (KEVIN R. VANDUSER OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Supreme Court, Lewis County (Charles C. Merrell, J.), entered February 3, 2012. The order, among other things, limited plaintiff’s potential damages against defendant Brooks Forestry and Research Management Corporation.

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: September 28, 2012 Frances E. Cafarell

Clerk of the Court