Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered December 22, 2010.
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 November 18, 2011
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, SCONIERS, AND GREEN, JJ.
The order, among other things, granted defendant's motion for leave to reargue, and upon reargument, adhered to the prior order entered August 16, 2010.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same Memorandum as in Wiedenhaupt v Hogan ([appeal No. 2] ___ AD3d ___ [Nov. 18, 2011]).
Entered: November 18, 2011
Patricia L. Morgan Clerk of the Court
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