Opinion
CA 02-02428
July 3, 2003.
Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered July 8, 2002, which denied defendant's motion for summary judgment dismissing the complaint and for attorneys' fees.
GRESENS GILLEN LLP, BUFFALO (JAMES W. GRESENS OF COUNSEL), AND LAWRENCE A. SCHULZ, ORCHARD PARK, FOR DEFENDANT-APPELLANT.
SULLIVAN OLIVERIO GIOIA LLP, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.
Same Memorandum as in Apple v. Apple ([appeal No. 2] 307 A.D.2d 753 [July 3, 2003]).