Matter of Farber v City of Utica
2006 NY Slip Op 03322 [28 AD3d 1198]
April 28, 2006
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 21, 2006


In the Matter of Arthur T. Farber, Appellant, v City of Utica et al., Respondents.

[*1]Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (John G. Ringrose, A.J.), entered April 27, 2005. The judgment denied petitioner's motion to dismiss the counterclaim and granted respondents' cross motion for summary judgment on the counterclaim.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, J.P., Kehoe, Smith, Green and Pine, JJ.