Opinion
No. CA 09-00187.
February 11, 2010.
Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered April 28, 2008. The order denied the motion of defendant Shermar, Inc. seeking leave to reargue its opposition to plaintiffs motion for summary judgment.
ANN W. MANION, UTICA, FOR DEFENDANT-APPELLANT.
KENNETH D. LICHT, ROCHESTER (KEITH E. O'TOOLE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Smith, J.P., Peradotto, Carni, Pine and Gorski, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs ( see Empire Ins. Co. v Food City, 167 AD2d 983, 984).