Opinion
CA 04-02316.
March 18, 2005.
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), entered July 29, 2004 in a proceeding pursuant to CPLR article 78. The judgment denied petitioner's motion for leave to reargue and renew and dismissed the petition.
Before: Scudder, J.P., Martoche, Pine, Lawton and Hayes, JJ.
It is hereby ordered that said appeal from the judgment insofar as it denied leave to reargue be and the same hereby is unanimously dismissed ( see Empire Ins. Co. v. Food City, 167 AD2d 983, 984) and the judgment is affirmed without costs for reasons stated in decisions at Supreme Court.