
    Pepi Schafler, Formerly Known as Pepi Summer, Respondent, v HSBC Bank USA, Formerly Known as Marine Midland Bank, N.A., Appellant, and Manufacturers & Traders Trust Co., Respondent.
    (Appeal No. 2.)
    [803 NYS2d 500]
   Appeal from a judgment of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 12, 2004. The judgment awarded plaintiff $239,273 against defendants.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Scudder, J.P., Martoche, Pine, Lawton and Hayes, JJ.  