Opinion
CA 02-01921
May 2, 2003.
Appeal from an order of Supreme Court, Monroe County (Stander, J.), entered May 1, 2002, which granted judgment in favor of plaintiff on the balance due of $843.33 per month for the months of December 1996 through March 1999, together with interest, and awarded attorney's fees to plaintiff.
ZDARSKY, SAWICKI AGOSTINELLI, BUFFALO (JOSEPH E. ZDARSKY OF COUNSEL), FOR DEFENDANT-APPELLANT.
FIX SPINDELMAN BROVITZ GOLDMAN, P.C., ROCHESTER (KARL S. ESSLER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: WISNER, J.P., SCUDDER, KEHOE, GORSKI, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v. Shevlin-Manning, Inc., 147 A.D.2d 977).