HELTZ, MARY T. v. BARRATT, BRUCE S.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 13-01102 PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.

MARY T. HELTZ, PLAINTIFF-APPELLANT, V MEMORANDUM AND ORDER BRUCE S. BARRATT AND ERIE LOGISTICS, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

PERSONIUS MELBER LLP, BUFFALO (SCOTT R. HAPEMAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BARTH SULLIVAN BEHR, BUFFALO (ANDREW J. KOWALEWSKI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (John M.

Curran, J.), entered March 26, 2013 in a personal injury action. The order denied plaintiff’s motion for leave to reargue and renew her opposition to defendants’ summary judgment motion.

It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Same Memorandum as in Heltz v Barratt ([appeal No. 1]___ AD3d ___ [Mar. 21, 2014]).

Entered: March 28, 2014 Frances E. Cafarell Clerk of the Court