*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 318

CA 11-01302

PRESENT: SMITH, J.P., CARNI, LINDLEY, AND SCONIERS, JJ.

JASON BURLEW, ET AL., PLAINTIFFS, AND RICHARD KATCHUK, PLAINTIFF-RESPONDENT,

V ORDER TALISMAN ENERGY USA INC., DEFENDANT-APPELLANT.

(APPEAL NO. 2.)

HARRIS BEACH PLLC, ALBANY (JOHN T. MCMANUS OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAMSON, CLUNE & STEVENS, ITHACA (JOHN H. HANRAHAN, III, OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from a judgment of the Supreme Court, Steuben County (Kenneth R. Fisher, J.), entered April 19, 2011 in a breach of contract action. The judgment awarded plaintiff Richard Katchuk the sum of $418,416.64 against defendant.

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

Entered: March 16, 2012 Frances E. Cafarell

Clerk of the Court