Opinion
138 CA 15-02175
02-03-2017
MKCAC, LLC, MICHAEL CACCAVALE AND KARIN CACCAVALE, PLAINTIFFS-APPELLANTS, v. COUNTY OF ONEIDA, TONY BAKER, ALSO KNOWN AS ANTHONY BAKER, SHUMAKER CONSULTING, ENGINEERING AND LAND SURVEYING, PC, AND HOGAN ENGINEERING, PC, DEFENDANTS-RESPONDENTS.
D.J. & J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. PETRONE & PETRONE, P.C., UTICA (MARK O. CHIECO OF COUNSEL), FOR DEFENDANT-RESPONDENT COUNTY OF ONEIDA. HARTER, SECREST & EMERY LLP, ROCHESTER (MICHAEL DAMIA OF COUNSEL), FOR DEFENDANT-RESPONDENT SHUMAKER CONSULTING, ENGINEERING AND LAND SURVEYING, PC. MCMAHON AND GROW, ROME (SARAH C. HUGHES OF COUNSEL), FOR DEFENDANT-RESPONDENT TONY BAKER, ALSO KNOWN AS ANTHONY BAKER. VERSACE LAW OFFICE, PC, ROME (MEADE H. VERSACE OF COUNSEL), FOR DEFENDANT-RESPONDENT HOGAN ENGINEERING, PC.
PRESENT:
D.J. & J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
PETRONE & PETRONE, P.C., UTICA (MARK O. CHIECO OF COUNSEL), FOR DEFENDANT-RESPONDENT COUNTY OF ONEIDA.
HARTER, SECREST & EMERY LLP, ROCHESTER (MICHAEL DAMIA OF COUNSEL), FOR DEFENDANT-RESPONDENT SHUMAKER CONSULTING, ENGINEERING AND LAND SURVEYING, PC.
MCMAHON AND GROW, ROME (SARAH C. HUGHES OF COUNSEL), FOR DEFENDANT-RESPONDENT TONY BAKER, ALSO KNOWN AS ANTHONY BAKER.
VERSACE LAW OFFICE, PC, ROME (MEADE H. VERSACE OF COUNSEL), FOR DEFENDANT-RESPONDENT HOGAN ENGINEERING, PC.
Appeal from an order of the Supreme Court, Oneida County (Erin P. Gall, J.), entered March 5, 2015. The order, among other things, denied the motion of plaintiffs for summary judgment, and granted the cross motion of defendant County of Oneida to amend its answer, and for summary judgment dismissing the complaint against it.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: February 3, 2017
Frances E. Cafarell
Clerk of the Court