
    Edward C. Sloniger et al., Plaintiffs, v Niagara Mohawk Power Corporation, Defendant and Third-Party Plaintiff. New York Telephone Company, Third-Party Defendant. New York Telephone Company, Doing Business as NYNEX, Fourth-Party Plaintiff-Respondent, v R.D. Werner Co., Inc., et al., Fourth-Party Defendants-Appellants.
    (Appeal No. 3.)
    [761 NYS2d 888]
   —Appeal from a judgment of Supreme Court, Niagara County (Fricano, J.), entered August 15, 2002, upon a decision in favor of fourth-party plaintiff.

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

Same memorandum as in Sloniger v Niagara Mohawk Power Corp. (306 AD2d 842 [2003] [decided herewith]). Present— Green, J.P., Wisner, Scudder, Kehoe and Burns, JJ.  