Opinion
February 16, 2000
Appeal from Order of Supreme Court, Erie County, Sedita, Jr., J. — Reargument.
PRESENT: PINE, J. P., HURLBUTT, SCUDDER AND LAWTON, JJ.
Appeal unanimously dismissed without costs ( see, Empire Ins. Co. v. Food City, 167 A.D.2d 983, 984).