| Wayne Coop. Ins. Co. v Woodward |
| 2005 NY Slip Op 07032 [21 AD3d 1272] |
| September 30, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Wayne Cooperative Insurance Company, Appellant, v David Woodward et al., Respondents. (Appeal No. 2.) |
—[*1]Appeal from an order of the Supreme Court, Wayne County (Stephen R. Sirkin, A.J.), entered August 11, 2004 in a declaratory judgment action. The order, insofar as appealed from, denied plaintiff's cross motion for summary judgment.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Pigott, Jr., P.J., Green, Hurlbutt, Kehoe and Pine, JJ.