Opinion
CA 03-02040.
Decided March 19, 2004.
Appeal from an order of the Supreme Court, Oneida County (John G. Ringrose, A.J.), entered May 7, 2003. The order granted the motion of defendants Nicholas Todora and Kemper Insurance Company for summary judgment dismissing the complaint against them in a personal injury action.
FINKELSTEIN PARTNERS, NEWBURGH (JULIO E. URRUTIA OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
SMITH, SOVIK, KENDRICK SUGNET, P.C., SYRACUSE (MARY KENDRICK-GAFFNEY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
PRESENT: GREEN, J.P., PINE, SCUDDER, 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]).