Matter of Advocates for Prattsburgh, Inc. v Steuben County Indus. Dev. Agency
2008 NY Slip Op 00894 [48 AD3d 1160]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


In the Matter of Advocates for Prattsburgh, Inc., et al., Appellants, v Steuben County Industrial Development Agency, Respondent. Ecogen, LLC, Intervenor-Respondent. (Appeal No. 2.)

—[*1] Culley, Marks, Tanenbaum & Pezzulo, LLP, Rochester (Glenn E. Pezzulo of counsel), for petitioners-appellants.

Harris Beach PLLC, Pittsford (Joseph D. Picciotti of counsel), for respondent-respondent.

Young, Summer, Ward, Ritzenberg, Baker & Moore, LLC, Albany (Douglas H. Ward of counsel), for intervenor-respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered January 8, 2007 in a proceeding pursuant to CPLR article 78. The judgment, insofar as appealed from, dismissed the petition in its entirety.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Advocates for Prattsburgh, Inc. v Steuben County Indus. Dev. Agency (48 AD3d 1157 [2008]). Present—Gorski, J.P., Martoche, Lunn, Fahey and Pine, JJ.