
    Roger A. Cosmo et al., Appellants, v Town of Evans et al., Respondents.
    [879 NYS2d 768]
   Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered May 16, 2008 in a personal injury action. The order granted defendants’ motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs (see Herod v Mele, 62 AD3d 1269 [2009]). Present—Martoche, J.P, Smith, Centra, Fahey and Pine, JJ.  