
    Philip J. Simao, Appellant, v Robert C. Smith et al., Respondents.
    (Appeal No. 2.)
    [765 NYS2d 552]
   Appeal from an order of Supreme Court, Jefferson County (Gilbert, J.), entered July 24, 2002, which denied plaintiff’s motion for leave to reargue defendants’ prior motion for summary judgment dismissing the complaint.

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 — Wisner, J.P., Hurlbutt, Kehoe and Lawton, JJ.  