Opinion
No. CA 11-00385.
September 30, 2011.
Appeal from a judgment of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered January 15, 2010 in a proceeding pursuant to CPLR article 78. The judgment, among other things, adjudged that petitioner's application for a judgment to annul respondents' determination is held and remitted to the parties for additional information.
DAVID VAN VARICK, COUNTY ATTORNEY, ROCHESTER (JAMES L. GELORMINI OF COUNSEL), FOR RESPONDENTS-APPELLANTS.
CHRISTINA A. AGOLA, PLLC, ROCHESTER (CHRISTINA A. AGOLA OF COUNSEL), FOR PETITIONER-RESPONDENT.
Present — Smith, J.P., Centra, Carni, Green and Martoche, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs ( see Hughes v Nussbaumer, Clarke Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).