Appellate Division of the Supreme Court of the State of New York July 3, 2003, Appeal No. 2 (Carpenter v. Browning-Ferris Industries, Inc.)

Appeal from an order of Supreme Court, Erie County (Whelan, J.), entered November 19, 2002, which denied plaintiff’s motion for reargument.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Same memorandum as in Carpenter v Browning-Ferris Indus. (307 AD2d 713 [2003]). Present — Pine, J.P., Hurlbutt, Scudder, Kehoe and Hayes, JJ.