*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1418

CA 14-00600

PRESENT: SMITH, J.P., FAHEY, WHALEN, AND DEJOSEPH, JJ.

JEFF CONIBER, DOING BUSINESS AS JEFF CONIBER

TRUCKING, PLAINTIFF-RESPONDENT,

V ORDER CENTER POINT TRANSFER STATION, INC., MATTHEW W.

LOUGHRY AND KENNETH LOUGHRY,

DEFENDANTS-APPELLANTS.

(APPEAL NO. 3.)

E. ROBERT FUSSELL, P.C., LEROY (E. ROBERT FUSSELL OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

PIRRELLO, MISSAL, PERSONTE & FEDER, ROCHESTER (STEVEN E. FEDER OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered February 20, 2014. The order, insofar as appealed from, denied the motion of defendants for leave to reargue and renew.

It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed ( see Empire Ins. Co. v Food City , 167 AD2d 983, 984) and the order is affirmed without costs.

Entered: February 6, 2015 Frances E. Cafarell

Clerk of the Court