—Appeal unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984). (Appeal from Order of Supreme Court, Erie County, Michalek, J.—Reargument.) Present—Denman, P. J., Green, Pine, Callahan and Boehm, JJ.
—Appeal unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984). (Appeal from Order of Supreme Court, Erie County, Michalek, J.—Reargument.) Present—Denman, P. J., Green, Pine, Callahan and Boehm, JJ.