
    George Mercier, Appellant, v Vincent Powell, Respondent.
    [825 NYS2d 651]
   Appeal from an order of the Supreme Court, Onondaga County (John V. Centra, J), entered February 8, 2006. The order granted defendant’s motion to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Gorski, J.P., Martoche, Smith, Green and Pine, JJ.  