Cimato Bros. v. Town of Pendleton

Appeal unanimously dismissed without costs. Memorandum: Defendant Town of Pendleton appeals from an order denying its motion to renew its opposition to plaintiff’s motion for summary judgment. In view of our decision in Cimato Bros, v Town of Pendleton (254 AD2d 695 [decided herewith]), this appeal is moot. (Appeal from Order of Supreme Court, Niagara County, Fahey, J. — Renewal.) Present — Denman, P. J., Pine, Wisner, Balio and Fallon, JJ.