Opinion
CA 04-01509.
December 30, 2004.
Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered December 10, 2003 in a declaratory judgment action. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment.
Before: Pigott, Jr., P.J., Green, Pine, Gorski and Lawton, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs ( see Hughes v. Nussbaumer, Clarke Velzy, 140 AD2d 988; Chase Manhattan Bank v. Roberts Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).