v.
HealthNow New York Inc., Doing Business as Blue Cross & Blue Shield of Western New York and/or Blue Cross Blue Shield of Western New York and Community Blue
Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (John M. Curran, J.), entered September 11, 2009. The order and judgment granted defendant’s motion to dismiss the complaint.
It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present — Martoche, J.P., Smith, Fahey, Peradotto and Green, JJ.