Appellate Division of the Supreme Court of the State of New York June 9, 1995, Appeal No. 1 (Colvin v. Bauer)

Appeal unanimously dismissed without costs (see, Matter of Laborers Intl. Union v Shevlin-Manning, Inc., 147 AD2d 977). (Appeal from Judgment and Order of Supreme Court, Erie County, *894Howe, J.—Summary Judgment.) Present— Lawton, J. P., Fallon, Wesley, Davis and Boehm, JJ.