Opinion
(1231) CA 01-00262
December 21, 2001.
(Appeal from Order of Supreme Court, Erie County, Mahoney, J. — Reargument.)
PRESENT: PINE, J.P., HURLBUTT, SCUDDER, KEHOE AND GORSKI, JJ.
Appeal unanimously dismissed without costs ( see, Empire Ins. Co. v. Food City, 167 A.D.2d 983, 984).