Opinion
CA 02-02404.
Decided June 14, 2004.
Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered June 13, 2002. The order granted defendants' motion to dismiss the complaint and denied plaintiff's cross motion to compel defendants to accept service of the complaint.
LEONARD G. TILNEY, JR., LOCKPORT, FOR PLAINTIFF-APPELLANT.
BROWN KELLY, LLP, BUFFALO (KENNETH A. KRAJEWSKI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Before: PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Loafin' Tree Rest. v. Pardi [appeal No. 1], 162 A.D.2d 985).