Opinion
February 16, 2000
(Appeal from Order of Supreme Court, Livingston County, Alonzo, J. — Reargument.
PRESENT: GREEN, A. P. J., WISNER, PIGOTT, JR., HURLBUTT AND SCUDDER, JJ.
Appeal unanimously dismissed without costs ( see, Empire Ins. Co. v. Food City, 167 A.D.2d 983, 984).