MAZZARELLA, JOHN v. SYRACUSE DIOCESE ( 2012 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1018 CA 11-02534 PRESENT: SCUDDER, P.J., SMITH, LINDLEY, AND MARTOCHE, JJ. JOHN MAZZARELLA, INDIVIDUALLY AND AS FATHER OF FOUR MINOR CHILDREN OF AGES 5, 7, 9, AND 11, PLAINTIFF-APPELLANT, V ORDER SYRACUSE DIOCESE, BISHOP JAMES M. MOYNIHAN, BISHOP THOMAS J. COSTELLO AND FR. JOHN W. BRODERICK, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) JEFF ANDERSON & ASSOCIATES PA, ST. PAUL, MINNESOTA, THE ABBATOY LAW FIRM, PLLC, ROCHESTER (DAVID M. ABBATOY, JR., OF COUNSEL), FOR PLAINTIFF-APPELLANT. HANCOCK ESTABROOK, LLP, SYRACUSE (MAUREEN E. MANEY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS SYRACUSE DIOCESE, BISHOP JAMES M. MOYNIHAN AND BISHOP THOMAS J. COSTELLO. Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered February 28, 2011. The order and judgment directed defendants Syracuse Diocese, Bishop James M. Moynihan and Bishop Thomas J. Costello to produce certain documents for in camera review and otherwise granted the motion of those defendants for a protective order. It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Matter of Nugent, 26 AD3d 892, 893). Entered: November 9, 2012 Frances E. Cafarell Clerk of the Court