| Town of West Seneca v American Ref-Fuel Co. of Niagara |
| 2003 NY Slip Op 18611 [1 AD3d 943] |
| November 21, 2003 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
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| Town of West Seneca, Appellant, v American Ref-Fuel Company of Niagara, L.P., Respondent. (Appeal No. 2.) |
—Appeal from an order of Supreme Court, Erie County (Makowski, J.), entered February 3, 2003, which denied plaintiff's motion seeking leave to renew and reargue.
It is hereby ordered that said appeal from the order 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 [1990]) and the order is affirmed without costs. Present—Green, J.P., Wisner, Scudder, Gorski and Lawton, JJ.