| Kenney v National Fuel Gas Distrib. Corp. |
| 2004 NY Slip Op 01902 [5 AD3d 1016] |
| March 19, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Margaret Kenney et al., Respondents, v National Fuel Gas Distribution Corporation et al., Appellants. |
—Appeal from an order of the Supreme Court, Erie County (David J. Mahoney, J.), entered October 31, 2002. The order reserved decision on defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (3).
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Cobb v Kittinger, 168 AD2d 923 [1990]). Present—Green, J.P., Hurlbutt, Gorski, Lawton and Hayes, JJ.