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Phillips Lytle LLP, Buffalo (David J. McNamara of Counsel), for Petitioner-Appellant. Klehr Harrison Harvey Branzburg LLP, Philadelphia, Pennsylvania (A. Grant Phelan, of the Pennsylvania Bar, Admitted Pro Hac Vice, of Counsel), and Magavern Magavern Grimm LLP, Buffalo, for Respondent-Respondent. Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered October 4, 2021. The order and judgment, among other things, denied the petition. It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Loafin’ Tree Rest. v. Pardi [appeal No. 1], 162 AD2d 985, 985 [4th Dept 1990]).

 
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