Huff v. Rodriguez (64 A.D.3d 1225, 2009)

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered September 26, 2008 in a personal injury action. The order settled the record in appeal No. 1.

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

Same memorandum as in Huff v Rodriguez (64 AD3d 1221 [2009]).

All concur; Smith and Fine, JJ., concur in the memorandum insofar as it concerns appeal No. 2 only. Fresent—Martoche, J.E, Smith, Centra, Fahey and Pine, JJ.