— Appeal from that part of an order of Supreme Court, Erie County (Howe, J.), entered April 26, 2002, *1314that denied the motion of intervenor New York State New Insurance Fund to vacate a judgment entered March 15, 2002.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Same memorandum as in Knauer v Anderson ([appeal No. 2] 2 AD3d 1312 [2003]). Present—Pigott, Jr., P.J., Pine, Wisner, Hurlbutt and Gorski, JJ.