| Witt v Merrill |
| 2005 NY Slip Op 04702 [19 AD3d 998] |
| June 10, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Mary Elizabeth Witt, Appellant, v William H. Merrill, Jr., Respondent, et al., Defendant. (Appeal No. 1.) |
—[*1]Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 30, 2004. The order granted the motion of defendant William H. Merrill, Jr. for summary judgment dismissing the complaint against him.
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., Hurlbutt, Martoche, Smith and Pine, JJ.