Matter of Southside Academy Charter School v City of Syracuse (2006 NYSlipOp 06985)

Matter of Southside Academy Charter School v City of Syracuse

2006 NYSlipOp 06985

September 29, 2006

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, November 08, 2006

In the Matter of Southside Academy Charter School et al., Appellants, v City of Syracuse et al., Respondents. (Appeal No. 1.)

—[*1]Appeal from a judgment of the Supreme Court, Onondaga County (Edward D. Carni, J.), entered July 7, 2005 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Same memorandum as in Matter of Southside Academy Charter School v City of Syracuse (32 AD3d 1295 [2006]). Present—Scudder, J.P., Kehoe, Gorski, Smith and Pine, JJ.