Opinion
December 28, 1998
Appeal from the Supreme Court, Dutchess County (Bernhard, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
As the order appealed from does not contain a decretal paragraph granting or denying that branch of the cross motion by the third-party defendant Katonah Roofing, Inc., seeking summary judgment dismissing the claims asserted against it by Andron Construction Corporation, that branch of the cross motion is still pending and undecided ( see, Weitzenberg v. Nassau County Dept. of Recreation Parks, 249 A.D.2d 538; Katz v. Katz, 68 A.D.2d 536). Accordingly, the appeal must be dismissed.
Miller, J. P., Ritter, Sullivan and Pizzuto, JJ., concur.