Coniber v Center Point Transfer Sta., Inc.

Coniber v Center Point Transfer Sta., Inc. 2015 NY Slip Op 01119 Decided on February 6, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 6, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, WHALEN, AND DEJOSEPH, JJ.
1418 CA 14-00600

[*1]JEFF CONIBER, DOING BUSINESS AS JEFF CONIBER TRUCKING, PLAINTIFF-RESPONDENT,

v

CENTER POINT TRANSFER STATION, INC., MATTHEW W. LOUGHRY AND KENNETH LOUGHRY, DEFENDANTS-APPELLANTS. (APPEAL NO. 3.)

Appeal from an order of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered February 20, 2014. The order, insofar as appealed from, denied the motion of defendants for leave to reargue and renew.

E. ROBERT FUSSELL, P.C., LEROY (E. ROBERT FUSSELL OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

PIRRELLO, MISSAL, PERSONTE & FEDER, ROCHESTER (STEVEN E. FEDER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed (see Empire Ins. Co. v Food City , 167 AD2d 983, 984) and the order is affirmed without costs.

Entered: February 6, 2015

Frances E. Cafarell

Clerk of the Court