Opinion
April 25, 1997
Present — Pine, J.P., Lawton, Doerr, Balio and Boehm, JJ.
Appeal unanimously dismissed without costs ( see, Hughes v Nussbaumer, Clarke Velzy, 140 A.D.2d 988; see also, CPLR 5501 [a] [1]). (Appeal from Order of Supreme Court, Erie County, Michalek, J. — Summary Judgment.)