Appellate Division of the Supreme Court of the State of New York March 21, 2003 (Hicks v. Gibson)

—Appeal from an order of Supreme Court, Erie County (Whelan, J.), entered September 21, 2001, which granted defendant’s motion to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly granted defendant’s motion to dismiss the complaint.