Majority
p. 1303Joseph F. Cegielski, Individually and as Parent and Natural Guardian of Lisa Cegielski and Erin Cegielski, 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. 4.) [765 NYS2d 815]
Appeal from a judgment of Supreme Court, Erie County (O’Donnell, J.), entered June 13, 2002, which, inter alia, dismissed the third-party complaint.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present — Pigott, Jr., P.J., Green, Pine, Scudder and Hayes, JJ.