Opinion
CA 01-01784.
December 31, 2003.
Appeal from an order of Supreme Court, Steuben County (Latham, J.), entered November 17, 2000, which granted the motion of defendants Volunteer Ambulance Corps of Bath, New York, Inc. and James Harvey, individually and as an officer, servant and agent of Volunteer Ambulance Corps of Bath, New York, Inc., for summary judgment and dismissed the complaint and cross claim against them.
LORENZO COHEN, BUFFALO (STEVEN M. COHEN OF COUNSEL), AND JOHN VOGEL, DANSVILLE, FOR PLAINTIFF-APPELLANT.
MELVIN MELVIN, PLLC, SYRACUSE (MICHAEL R. VACCARO OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Before: PRESENT: PIGOTT, JR., P.J., WISNER, KEHOE, LAWTON, 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]).