Matter of Erie County Sheriff's Police Benevolent Assn., Inc. v Erie County Sheriff
2007 NY Slip Op 08637 [45 AD3d 1390]
November 9, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


In the Matter of Erie County Sheriff's Police Benevolent Association, Inc., Appellant, v Erie County Sheriff et al., Respondents.

—[*1] Bartlo, Hettler & Weiss, Kenmore (Paul D. Weiss of counsel), for petitioner-appellant.

Laurence K. Rubin, County Attorney, Buffalo (Ernest J. Gawinski of counsel), for respondents-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered January 23, 2007 in a proceeding pursuant to CPLR article 78. The judgment granted respondents' motion and dismissed the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs as moot (see Lukas v Ascher, 299 AD2d 262, 262-263 [2002]). Present—Hurlbutt, J.P., Gorski, Martoche, Lunn and Peradotto, JJ.