Opinion
CA 04-00621.
November 19, 2004.
Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), dated December 11, 2003. The order denied the motion of defendant Elaine Pilato for leave to reargue.
Before: Pine, J.P., Hurlbutt, Scudder, Kehoe and Lawton, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs ( see Empire Ins. Co. v. Food City, 167 AD2d 983, 984).