| Kennedy v Point Dedicated Servs., LLC |
| 2006 NY Slip Op 05413 [31 AD3d 1117] |
| July 7, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Kevin M. Kennedy, Appellant, v Point Dedicated Services, LLC, et al., Defendants. Cellino & Barnes, P.C., Respondent. (Appeal No. 1.) |
—[*1]Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered August 23, 2005. The order, among other things, provided that Cellino & Barnes, P.C. may elect a contingent percentage fee to be determined at the conclusion of the action.
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—Hurlbutt, J.P., Scudder, Martoche, Smith and Hayes, JJ.