Opinion
No. CA 09-01454.
November 13, 2009.
Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (William P. Polito, J.), entered July 2, 2009 in a proceeding pursuant to CPLR article 78. The judgment, insofar as appealed from, dismissed the petition of petitioner LVI Environmental Services, Inc.
ERNSTROM DRESTE, LLP, ROCHESTER (KEVIN F. PEARTREE OF COUNSEL), FOR PETITIONER-APPELLANT.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (FRANK K. WALSH OF COUNSEL), FOR RESPONDENT-RESPONDENT NEW YORK STATE URBAN DEVELOPMENT CORPORATION, INDIVIDUALLY AND DOING BUSINESS AS EMPIRE STATE DEVELOPMENT CORPORATION.
GATES ADAMS, P.C., ROCHESTER (RICHARD T. BELL, JR., OF COUNSEL), FOR RESPONDENT-RESPONDENT CAMBRIA CONTRACTING, INC.
Present: Smith, J.P., Peradotto, Green, Pine and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.