Opinion
No. CA 08-01587.
February 6, 2009.
Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered May 30, 2007 in an action for breach of contract. The order granted the motion of plaintiff for summary judgment.
GREGORY L. DOLAN, HONEOYE, FOR DEFENDANT-APPELLANT.
Present: Smith, J.P., Centra, Fahey, Peradotto and Pine, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs ( see Murphy v Niagara Frontier Transp. Auth., 207 AD2d 1038; see also CPLR 5513 [a]).