
    Mary Elizabeth Witt, Appellant, v William H. Merrill, Jr., Respondent, et al., Defendant.
    (Appeal No. 1.)
    [796 NYS2d 298]
   Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 30, 2004. The order granted the motion of defendant William H. Merrill, Jr. for summary judgment dismissing the complaint against him.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Loafin’ Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present — Pigott, Jr., EJ., Hurlbutt, Martoche, Smith and Pine, JJ.  