Opinion
CA 03-01277.
December 31, 2003.
Appeal from an order of Supreme Court, Monroe County (Latham, J.), entered September 10, 2002, which granted defendants' motion for summary judgment and dismissed the complaint.
NIRA T. KERMISCH, ROCHESTER, FOR PLAINTIFF-APPELLANT.
OSBORN, REED BURKE, LLP, ROCHESTER (ROBERT T. DI GIULIO OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Before: PRESENT: PINE, J.P., WISNER, HURLBUTT, KEHOE, 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]).