Caleb v Sevenson Envtl. Servs., Inc.
2005 NY Slip Op 04815 [19 AD3d 1091]
June 10, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 24, 2005


Brent C. Caleb et al., Respondents, v Sevenson Environmental Services, Inc., Appellant. (Appeal No. 2.)

[*1]Appeal from an amended order of the Supreme Court, Orleans County (James P. Punch, A.J.), entered May 25, 2004. The amended order denied defendant's motion for summary judgment dismissing 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.J., Green, Gorski, Martoche and Smith, JJ.