Opinion
CA 03-01965.
Decided April 30, 2004.
Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered June 19, 2003. The order, insofar as appealed from, denied plaintiff's motion and granted defendants' cross motion for summary judgment dismissing the complaint.
CARL G. SCALISE, HERKIMER, FOR PLAINTIFF-APPELLANT.
MC LANE, SMITH AND LASCURETTES, L.L.P., UTICA (MARK W. MC LANE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Before: PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, 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]).