Opinion
CA 05-00182.
September 30, 2005.
Appeal from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered October 18, 2004 in a personal injury action. The order, among other things, denied that part of the motion of defendant James O. Braxton seeking an adjournment of the trial and his subsequent motion to strike the note of issue.
BURGIO, KITA CURVIN, BUFFALO (STEVEN P. CURVIN OF COUNSEL), FOR DEFENDANT-APPELLANT.
ALTREUTER HABERMEHL, BUFFALO (CATHERINE BERLIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Pigott, Jr., P.J., Green, Hurlbutt, Kehoe and Pine, 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, N.A. v. Roberts Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).