
    Academic Health Professionals Insurance Association, as Subrogee of John Doe, M.D., Respondent, v Kaleida Health, Appellant.
    (Appeal No. 1.)
    [759 NYS2d 409]
   —Appeal from an order of Supreme Court, Erie County (NeMoyer, J.), entered March 19, 2002, which, inter aha, granted plaintiffs motion for summary judgment.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present — Pine, J.P., Hurlbutt, Kehoe and Hayes, JJ.  