DiPizio Construction Co. v. Erie Canal Harbor Development Corp.

Appeal from an amended order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered November 4, 2013. The amended order granted the motion of plaintiff-petitioner for partial summary judgment and denied the cross motion of defendant-respondent for partial summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Kolasz v Levitt, 63 AD2d 777, 779 [1978]).

Present — Scudder, PJ., Centra, Carni and Lindley, JJ.