*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1207

CA 11-00952

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ. TONYA E. LILLEY, PLAINTIFF-RESPONDENT,

V ORDER CINCINNATI FREIGHT EXPRESS, DOING BUSINESS AS

CINCINNATI FREIGHT EXPEDITORS, DEFENDANT, AND GEORGE W. HARDY, DEFENDANT-APPELLANT.

SMITH, MURPHY & SCHOEPPERLE, LLP, BUFFALO (STEPHEN P. BROOKS OF COUNSEL), FOR DEFENDANT-APPELLANT.

CELLINO & BARNES, P.C., BUFFALO (ELLEN B. STURM OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Erie County (Gerald J.

Whalen, J.), entered February 25, 2011 in a personal injury action. The order, insofar as appealed from, denied in part the motion of defendant George W. Hardy for summary judgment.

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

Entered: November 10, 2011 Patricia L. Morgan

Clerk of the Court