Opinion
CA 02-01220
May 2, 2003.
Appeal from an order of Supreme Court, Erie County (NeMoyer, J.), entered March 19, 2002, which, inter alia, granted plaintiff's motion for summary judgment.
HODGSON RUSS LLP, BUFFALO (ROBERT B. CONKLIN OF COUNSEL), FOR DEFENDANT-APPELLANT.
BROWN TARANTINO, LLP, BUFFALO (ANN M. CAMPBELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., HURLBUTT, KEHOE, AND HAYES, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Hughes v. Nussbaumer, Clarke Velzy, 140 A.D.2d 988; Chase Manhattan Bank v. Roberts Roberts, 63 A.D.2d 566, 567; see also CPLR 5501 [a] [1]).