*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1032

CA 11-00050

PRESENT: CENTRA, J.P., FAHEY, SCONIERS, GREEN, AND MARTOCHE, JJ. ALBERT P. TESLUK AND IRENE TESLUK,

PLAINTIFFS-APPELLANTS,

V ORDER STEPHEN S. SZYMONIAK, DEFENDANT-RESPONDENT.

HOGAN WILLIG, GETZVILLE (AMANDA L. LOWE OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

SUGARMAN LAW FIRM, LLP, BUFFALO (BRIAN SUTTER OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Supreme Court, Erie County (Paula L.

Feroleto, J.), entered September 24, 2010 in a legal malpractice action. The order granted the motion of defendant for summary judgment dismissing the complaint and denied the cross motion of plaintiffs for summary judgment.

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 30, 2011 Patricia L. Morgan

Clerk of the Court