Opinion
March 31, 1999
Appeal from Order of Supreme Court, Monroe County, Lunn, J. — Summary Judgment.
Appeal by third-party plaintiffs Pike/McCarthy, The Pike Company, Inc., and McCarthy Brothers Company unanimously dismissed upon stipulation and order affirmed without costs. Memorandum: Third-party plaintiff The Facilities Development Corporation did not raise the issue of its entitlement to counsel fees and disbursements in its brief. That issue is therefore deemed abandoned ( see, Ciesinski v. Town of Aurora, 202 A.D.2d 984).
Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.