Appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered February 6, 2006. The order granted defendants’ motion to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in Haywood v Drown (35 AD3d 1290 [2006]). Present—Scudder, P.J, Martoche, Centra and Pine, JJ.