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Full opinion text

—Appeal from an order of Supreme Court, Monroe County (Ark, J.), entered January 24, 2002, which granted plaintiffs motion for summary judgment and awarded damages in the amount of $42,230.89, plus interest, costs and disbursements.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present — Pigott, Jr., P.J., Pine, Hurlbutt, Lawton and Hayes, JJ.