*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 766

CA 10-02509

PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ. PATRICK PROPERTIES, LLC, AS A MEMBER OF 2900

TRANSIT ROAD, LLC, SUING IN THE RIGHT OF 2900

TRANSIT ROAD, LLC, PLAINTIFF-APPELLANT,

V ORDER KEVIN T. STOCKER, DEFENDANT, AND WAYNE FELLE, DEFENDANT-RESPONDENT.

THE GARAS LAW FIRM, LLP, BUFFALO (JOHN C. GARAS OF COUNSEL), FOR PLAINTIFF-APPELLANT.

WAYNE C. FELLE, P.C., WILLIAMSVILLE (WAYNE C. FELLE OF COUNSEL), DEFENDANT-RESPONDENT PRO SE. Appeal from an order of the Supreme Court, Erie County (John A.

Michalek, J.), entered March 21, 2011. The order denied the motion of plaintiff for leave to renew.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.

Entered: June 8, 2012 Frances E. Cafarell

Clerk of the Court