Opinion
No. CA 10-00841.
March 25, 2011.
Appeal from an order of the Supreme Court, Monroe County (David Michael Barry, J.), entered June 27, 2009. The order granted the motion of defendant for summary judgment dismissing the amended complaint.
MICHAEL A. ROSENHOUSE, ROCHESTER, FOR PLAINTIFF-APPELLANT.
CHARLES A. HALL, ROCHESTER, FOR DEFENDANT-RESPONDENT.
Present: Scudder, P.J., Peradotto, Lindley and Green, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs ( see Hughes v Nussbaumer, Clarke Velzy, 140 AD2d 988; see also CPLR 5501 [a] [1]).