Appellate Division of the Supreme Court of the State of New York October 1, 2002, Appeal No. 2 (Tasseff v. Nussbaumer & Clarke, Inc.)

—Appeal from an order of Supreme Court, Erie County (Makowski, J.), entered September 17, 2001, which denied plaintiffs’ motion 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). Present — Pine, J.P., Hayes, Kehoe, Gorski and Lawton, JJ.