| Doyle v Barden & Robeson Corp. |
| 2007 NY Slip Op 00883 [37 AD3d 1138] |
| February 2, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Doyle et al., Appellants, v Barden and Robeson Corporation et al., Respondents. (Appeal No. 5.) |
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Goldberg Segalla LLP, Buffalo (Jeffrey J. Signor of counsel), for defendants-respondents Paul J. Game and Paul J. Game Construction. Chelus, Herdzik, Speyer, Monte & Pajak, P.C., Buffalo (Gregory V. Pajak of counsel), for defendants-respondents DeRek Smith and Sandra Smith.
Augello & Matteliano, LLP, Buffalo (Joseph A. Matteliano of counsel), for defendant-respondent Milo Corporation.
Creighton, Pearce, Johnsen & Giroux, Buffalo (Catherine Creighton of counsel), for Western New York Area Labor Federation, Western New York Council of Occupational Safety & Health, New York Committee for Occupational Safety and Health and the Buffalo Building Trades Council, Amici Curiae.
Appeal from an order of the Supreme Court, Niagara County (Erin M. Peradotto, J.), entered April 19, 2006 in a personal injury action. The order converted plaintiffs' motion for leave to renew to a motion for leave to reargue and, upon reargument, denied the motion.
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—Hurlbutt, J.P., Martoche, Centra, Fahey and Green, JJ.