Opinion
CA 03-01711.
Decided April 30, 2004.
Appeal from an order of the Supreme Court, Erie County (Robert E. Whelan, J.), entered June 2, 2003. The order denied petitioners' motion for leave to reargue.
ANTHONY J. EMMI, GRAND ISLAND, FOR PETITIONERS-APPELLANTS.
BENNETT, DI FILIPPO KURTZHALTS, EAST AURORA (DAVID S. WHITTEMORE OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
Before: PRESENT: GREEN, J.P., WISNER, HURLBUTT, KEHOE, AND LAWTON, JJ.
ORDER
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 A.D.2d 983, 984).