Appellate Division of the Supreme Court of the State of New York November 12, 2010, Appeal No. 2 (Utica Mutual Insurance v. McAteer & FitzGerald, Inc.)

— Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered October 19, 2009 in a breach of contract action. The order denied the motion of plaintiff for leave to reargue the denial of its motion for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [1990]).