Opinion
No. CA 06-01803.
February 2, 2007.
Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered May 16, 2006 in a personal injury action. The order denied defendant's motion for leave to reargue.
LAW OFFICES OF JOHN QUACKENBUSH, BUFFALO (JOHN WALLACE OF COUNSEL), FOR DEFENDANT-APPELLANT.
HURWITZ FINE, P.C., BUFFALO (MICHAEL F. PERLEY OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Present Hurlbutt, J.P., Gorski, Lunn, Peradotto and Green, 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).