
    Charles F. Papelino, Respondent, v Taco Bell Corp., Appellant.
    [825 NYS2d 394]
   Appeal from an order of the Supreme Court, Oneida County (John W. Grow, J.), entered August 26, 2005. The order, insofar as appealed from, denied defendant’s cross motion seeking dismissal of the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated at Supreme Court. Present—Gorski, J.P., Martoche, Smith, Green and Pine, JJ.  