Appellate Division of the Supreme Court of the State of New York June 13, 2003 (Kaplan v. Sanfratello)

—Appeal from that part of an order of Monroe County Court (Connell, J.), entered September 25, 2002, that modified a judgment (denominated order and judgment) of Rochester City Court (Byrnes, J.) in favor of defendant.

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