
    Kent A. Kroemer, Appellant, v Donna Pensgen, Respondent.
    (Appeal No. 2.)
    [834 NYS2d 912]
   Appeal from an order of the Supreme Court, Orleans County (James E Punch, A.J.), dated February 21, 2006 in a breach of contract action. The order denied plaintiffs motion for leave to reargue.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [1990]). Present—Scudder, EJ., Martoche, Smith, Peradotto and Pine, JJ.  