Appellate Division of the Supreme Court of the State of New York March 18, 2005, Appeal No. 2 (Scalise v. Herkimer, Fulton, Hamilton & Otsego County Board of Cooperative Educational Services)

— Appeal from an order and judgment (one paper) of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered November 17, 2003. The order and judgment denied plaintiffs’ motion to strike defendants’ affirmative defenses and granted the cross motion of defendants for summary judgment dismissing the complaint.