Opinion
CA 02-00568
May 2, 2003.
Appeal from an order of Supreme Court, Erie County (Fahey, J.), entered June 8, 2001, which, inter alia, granted third-party plaintiff's motion for summary judgment.
ANDREWS, BERNSTEIN MARANTO, LLP, BUFFALO (BENJAMIN J. ANDREWS OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
FORD MARRIN ESPOSITO WITMEYER GLESER, LLP, NEW YORK (STUART C. LEVENE OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, BURNS, AND GORSKI, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Loafin' Tree Rest. v. Pardi [appeal No. 1], 162 A.D.2d 985).