Appellate Division of the Supreme Court of the State of New York May 3, 2002, Appeal No. 4 (Adamy v. South Buffalo Railway Co.)

—Appeal from an order of Supreme Court, Erie County (Notaro, J.), entered March 12, 2001, which granted defendant’s motion pursuant to CPLR 4545.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously vacated without costs (see Adamy v South Buffalo Ry. Co. [appeal No. 1], 294 AD2d 801). Present—Green, J.P., Hayes, Scudder, Gorski and Lawton, JJ.