
    Beverly Nenno, as Executrix of W. David Nenno, Deceased, et al., Respondents, v Blue Cross & Blue Shield of Western New York, Appellant, et al., Defendant.
    (Appeal No. 2.)
    [755 NYS2d 679]
   —Appeal from an order of Supreme Court, Erie County (Makowski, J.), entered December 14, 2001, which denied the motion of defendant Blue Cross & Blue Shield of Western New York to confirm the determination of the external appeal agent.

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

Same memorandum as in Nenno v Blue Cross & Blue Shield of W. N.Y. (303 AD2d 930 [2003]). Present — Green, J.P., Pine, Hurlbutt, Kehoe and Hayes, JJ.  