Opinion
CA 04-02009.
April 29, 2005.
Appeal and cross appeal from a judgment (denominated order and judgment) of the Supreme Court, Onondaga County (William R. Roy, J.), entered April 5, 2004 in a proceeding pursuant to CPLR article 78. The judgment dismissed the amended petition.
RIEHLMAN, SHAFER SHAFER, TULLY (ROBERT M. SHAFER OF COUNSEL), FOR PETITIONER-APPELLANT-RESPONDENT.
FERRARA, FIORENZA, LARRISON, BARRETT REITZ, P.C., EAST SYRACUSE (CRAIG M. ATLAS OF COUNSEL), FOR RESPONDENTS-RESPONDENTS-APPELLANTS.
Present: Green, J.P., Scudder, Kehoe, Smith and Hayes, JJ.
It is hereby ordered that said cross appeal be and the same hereby is unanimously dismissed ( see Town of Massena v. Niagara Mohawk Power Corp., 45 NY2d 482, 488; Matter of Brown v. Starkweather, 197 AD2d 840, 841, lv denied 82 NY2d 653; see also CPLR 5511) and the judgment is affirmed without costs.