*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 10

CA 16-01146

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ.

THE CANANDAIGUA NATIONAL BANK AND TRUST COMPANY, PLAINTIFF-RESPONDENT,

V ORDER MATTHEW PALMER, ALSO KNOWN AS MATTHEW J.

PALMER, PALMER AUTOMOTIVE, INC.,

DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.

CHENEY & BLAIR, LLP, GENEVA (DAVID D. BENZ OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

HARTER SECREST & EMERY LLP, ROCHESTER (JESSICA A. MYERS OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered August 24, 2015. The order granted plaintiff’s motion for summary judgment.

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

Entered: February 3, 2017 Frances E. Cafarell

Clerk of the Court