Opinion
No. CA 06-03054.
December 21, 2007.
Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered October 5, 2006 in a breach of contract action. The order granted defendant's cross motion for summary judgment dismissing the complaint and denied as academic plaintiffs motion to consolidate this action with another action.
MACKENZIE HUGHES LLP, SYRACUSE (DAVID M. GARBER OF COUNSEL), AND ONEIDA INDIAN NATION LEGALDEPARTMENT, VERONA, FOR PLAINTIFF-APPELLANT.
PHILLIPS LYTLE LLP, ROCHESTER (MARK J. MORETTI OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Scudder, P.J., Hurlbutt, Fahey, Green and Pine, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.