
    Kevin M. Kennedy, Appellant, v Point Dedicated Services, LLC, et al., Defendants. Cellino & Barnes, P.C., Respondent.
    (Appeal No. 1.)
    [816 NYS2d 923]
   Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered August 23, 2005. The order, among other things, provided that Cellino & Barnes, EC. may elect a contingent percentage fee to be determined at the conclusion of the action.

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—Hurlbutt, J.P., Scudder, Martoche, Smith and Hayes, JJ.  