Opinion
CA 03-00199
June 13, 2003.
Appeal from that part of an order of Supreme Court, Herkimer County (Daley, J.), entered July 31, 2002, that granted plaintiff judgment against defendant Hunt Bros. Contractors, Inc. upon a decision of the court.
MENTER, RUDIN TRIVELPIECE, P.C., SYRACUSE (JULIAN B. MODESTI OF COUNSEL), FOR DEFENDANT-APPELLANT.
ALI, PAPPAS COX, P.C., SYRACUSE (P. DOUGLAS DODD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., HURLBUTT, GORSKI, LAWTON, 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]).