
    Joseph M. Melia, Respondent, v City of Buffalo, Appellant.
    (Appeal No. 1.)
    [762 NYS2d 326]
   —Appeal from an order of Supreme Court, Erie County (Glownia, J.), entered March 4, 2002, which, inter alia, awarded plaintiff damages in the amount of $126,982.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously vacated without costs.

Same memorandum as in Melia v City of Buffalo (306 AD2d 935 [2003]). Present — Pigott, Jr., P.J., Pine, Hurlbutt, Burns and Lawton, JJ.  