Appellate Division of the Supreme Court of the State of New York September 30, 2005 (Darien Lake Theme Park & Camping Resort, Inc. v. Contour Erection & Siding Systems, Inc.)

Appeal from a decision of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered May 21, 2004. The decision, inter alia, awarded attorney’s fees and costs to plaintiff.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Kuhn v Kuhn, 129 AD2d 967 [1987]). Present—Pigott, Jr., P.J., Hurlbutt, Gorski, Pine and Hayes, JJ.