Appellate Division of the Supreme Court of the State of New York September 22, 2006, Appeal No. 4 (Stevens v. American Water Services, Inc.)

Appeal from an amended judgment of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered June 3, 2005. The amended judgment was entered upon an order granting defendants’ motions to dismiss the complaint.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Kolasz v Levitt, 63 AD2d 777, 779 [1978]). Present — Pigott, Jr., P.