Appellate Division of the Supreme Court of the State of New York May 2, 2003, Appeal No. 1 (Ottaviano v. Genex Cooperative, Inc.)

Appeal from an order of Supreme Court, Erie County (Fahey, J.), entered June 8, 2001, which, inter alia, granted third-party plaintiff’s motion for summary judgment.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present — Pigott, Jr., P.J., Green, Pine, Burns and Gorski, JJ.