*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 181

CA 10-01720

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND GORSKI, JJ. MARLENE WHITMORE AND JOHN R. WHITMORE, PLAINTIFFS-APPELLANTS,

V ORDER FEDERATED RETAIL HOLDING, INC., THE MAY

DEPARTMENT STORES COMPANY, DOING BUSINESS

AS KAUFMANS, DEFENDANTS-RESPONDENTS. TREVETT CRISTO SALZER & ANDOLINA P.C., ROCHESTER (ERIC M. DOLAN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

BOUVIER PARTNERSHIP, LLP, BUFFALO (KENNETH A. PATRICIA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered October 21, 2009. The order granted the motion of defendants for summary judgment dismissing the complaint.

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: February 10, 2011 Patricia L. Morgan

Clerk of the Court