Majority
p. 803Donald Adamy, Appellant, v South Buffalo Railway Company, Respondent. (Appeal No. 3.) [740 NYS2d 897]
—Appeal from an order of Supreme Court, Erie County (Notaro, J., for Burns, J.), entered January 31, 2001, which, inter alia, denied plaintiffs motion for partial summary judgment.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see CPLR 5501 [a] [1]). Present—Green, J.P., Hayes, Scudder, Gorski and Lawton, JJ.