Opinion
2015-01-2
In the Matter of SYNERGY, LLC and Synergy Biogas, LLC, Petitioners–Appellants, v. Susan KIBLER, Assessor, Town of Covington, Town of Covington Board of Assessment Review, Respondents–Respondents, and Wyoming Central School District, Intervenor–Respondent. (Appeal No. 2.).
Appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered December 23, 2013. The order denied petitioners' motion for leave to reargue and/or renew. Bond, Schoeneck & King, PLLC, Rochester (Karl S. Essler of Counsel), for Petitioners–Appellants. Dimatteo Law Office, Warsaw (David M. Roach of Counsel), for Respondents–Respondents.
Appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered December 23, 2013. The order denied petitioners' motion for leave to reargue and/or renew.
Bond, Schoeneck & King, PLLC, Rochester (Karl S. Essler of Counsel), for Petitioners–Appellants. Dimatteo Law Office, Warsaw (David M. Roach of Counsel), for Respondents–Respondents.
Harris Beach PLLC, Pittsford (J. Ryan White of Counsel), for Intervenor–Respondent.
Susan G. Rosenthal, New York State Department of Agriculture and Markets, Albany (John F. Rusnica of Counsel), for Commissioner of the New York State Department of Agriculture and Markets, Amicus Curiae.
Same Memorandum as in Matter of Synergy, LLC v. Kibler (Appeal No. 1), ––– A.D.3d ––––, ––– N.Y.S.2d ––––, 2015 WL 25378 (Jan. 2, 2015).
It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs. SMITH, J.P., PERADOTTO, VALENTINO, WHALEN, and DeJOSEPH, JJ., concur.