Opinion
CA 02-02479
May 2, 2003.
Appeal from an order of Supreme Court, Monroe County (Ark, J.) entered January 24, 2002, which granted plaintiff's motion for summary judgment and awarded damages in the amount of $42,230.89, plus interest, costs and disbursements.
LAWRENCE C. BROWN, BUFFALO, FOR DEFENDANT-APPELLANT.
JOHNSON, MULLAN BRUNDAGE, P.C., ROCHESTER (SAMUEL G. BRUNDAGE OF COUNSEL), PLAINTIFF-RESPONDENT PRO SE.
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, 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]).