| Tomkiel v Bellreng |
| 2004 NY Slip Op 04994 [8 AD3d 1049] |
| June 14, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Joseph M. Tomkiel, Appellant, v Brett Bellreng et al., Respondents. (Appeal No. 1.) |
—[*1]Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered June 13, 2002. The order granted defendants' motion to dismiss the complaint and denied plaintiff's cross motion to compel defendants to accept service of the complaint.
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., Pine, Hurlbutt and Lawton, JJ.