*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 90

CA 10-01103

PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ. VERIZON NEW YORK, INC., PLAINTIFF-APPELLANT,

V ORDER LABARGE BROTHERS CO., INC. AND LABARGE

COMPANIES, DEFENDANTS-RESPONDENTS.

(APPEAL NO. 4.)

EDWARD C. COSGROVE, BUFFALO (JAMES C. COSGROVE OF COUNSEL), FOR PLAINTIFF-APPELLANT.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (ANN MAGNARELLI ALEXANDER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered March 4, 2010. The order denied plaintiff’s motion for leave to renew and reargue.

It is hereby ORDERED that said appeal from the order insofar as it denied those parts of plaintiff’s motion for leave to reargue its opposition to defendants’ motion for summary judgment dismissing the complaint and for leave to reargue its cross motion is unanimously dismissed and the order is otherwise affirmed without costs ( see Verizon New York, Inc. v LaBarge Bros. Co., Inc . [appeal No. 1], ___ AD3d ___ [Feb. 10, 2011]).

Entered: February 10, 2011 Patricia L. Morgan

Clerk of the Court