
    Town of West Seneca, Appellant, v American Ref-Fuel Company of Niagara, L.P., Respondent.
    (Appeal No. 2.)
    [767 NYS2d 760]
   Appeal from an order of Supreme Court, Erie County (Makowski, J.), entered February 3, 2003, which denied plaintiffs motion seeking leave to renew and reargue.

It is hereby ordered that said appeal from the order insofar as it denied leave to reargue be and the same hereby is unanimously dismissed (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [1990]) and the order is affirmed without costs. Present—Green, J.P, Wisner, Scudder, Gorski and Lawton, JJ.  