
    Capital Heat, Inc., Respondent, v Gerald A. Buchheit, Jr., Appellant.
    (Appeal No. 2.)
    [847 NYS2d 507]
   from an amended order and judgment (one paper) of the Supreme Court, Erie County (Christopher J. Burns, J.), entered June 13, 2006. The amended order and judgment, following a nonjury trial, awarded plaintiff the sum of $9,540 plus interest and costs against defendant.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Kolasz v Levitt, 63 AD2d 777, 779 [1978]). Present—Gorski, J.P., Martoche, Lunn, Fahey and Pine, JJ.  