
    Albert G. Fraccola, Jr., Appellant, v Phyllis Fraccola, Respondent, et al., Defendants.
    [899 NYS2d 713]
   — Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered February 5, 2009. The order, among other things, granted the motion of defendant Phyllis Fraccola for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present — Smith, J.P., Fahey, Carni, Sconiers and Pine, JJ.  