
    Joseph F. Cegielski, Individually and as Parent and Natural Guardian of Lisa Cegielski et al., Infants, Plaintiff, v Volney R. Spencer et al., Defendants. Volney R. Spencer, Third-Party Plaintiff-Appellant, v James P. Beeley, Third-Party Defendant-Respondent.
    (Appeal No. 9.)
    [765 NYS2d 818]
   Appeal from an amended judgment of Supreme Court, Erie County (O’Donnell, J.), entered October 21, 2002, which, inter alia, dismissed the third-party complaint.

It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in Beeley v Spencer ([appeal No. 5] 309 AD2d 1303 [2003]). Present — Pigott, Jr., P.J., Green, Pine, Scudder and Hayes, JJ.  