Matter of Fontana v Masiello
2005 NY Slip Op 02172 [16 AD3d 1166]
March 18, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 18, 2005


In the Matter of Richard A. Fontana et al., Appellants, v Anthony M. Masiello, as Mayor of City of Buffalo, et al., Respondents.

[*1]Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered December 3, 2003 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Pigott, Jr., P.J., Green, Gorski, Martoche and Smith, JJ.