*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 352

CA 11-01885

PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND MARTOCHE, JJ. EKLECCO NEWCO, LLC, PLAINTIFF-APPELLANT,

V MEMORANDUM AND ORDER Q OF PALISADES, LLC, DOING BUSINESS AS QDOBA

MEXICAN GRILL, AND ROBERT A. LYON,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)

YOUNG/SOMMER LLC, ALBANY (J. MICHAEL NAUGHTON OF COUNSEL), FOR PLAINTIFF-APPELLANT.

HISCOCK & BARCLAY, LLP, SYRACUSE (W. COOK ALCIATI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered September 12, 2011 in a breach of contract action. The order, among other things, denied plaintiff’s motion for leave to reargue and/or renew.

It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is otherwise affirmed without costs.

Same Memorandum as in Eklecco Newco, LLC v Q of Palisades, LLC ([appeal No. 1] ___ AD3d ___ [Mar. 16, 2012]).

Entered: March 16, 2012 Frances E. Cafarell

Clerk of the Court