Graybar Elec. Co., Inc. v Energy E. Mgt. Corp.
2007 NY Slip Op 02323 [38 AD3d 1322]
March 16, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 9, 2007


Graybar Electric Company, Inc., Appellant, v Energy East Management Corporation et al., Respondents. (Appeal No. 2.)

—[*1] Harris Beach PLLC, Pittsford (A. Vincent Buzard of counsel), for plaintiff-appellant.

Nixon Peabody LLP, Rochester (Andrew M. Burns of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered January 13, 2006. The order denied plaintiff's motion for leave to reargue.

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 AD2d 983, 984 [1990]). Present—Hurlbutt, J.P., Gorski, Fahey, Peradotto and Green, JJ.