Opinion
June 8, 2007.
Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered January 11, 2006 in a personal injury action. The order, insofar as appealed from, denied the cross motion of defendant County of Erie seeking summary judgment dismissing the amended complaint against it.
Present — Scudder, P.J., Hurlbutt, Centra, Fahey and Green, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs ( see Canh Du v Hamell, 19 AD3d 1000, 1001).