Concerned Citizens of Cattaraugus County, Inc. v City of Olean
2008 NY Slip Op 05166 [52 AD3d 1239] [52 AD3d 1239]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Concerned Citizens of Cattaraugus County, Inc., et al., Appellants, v City of Olean et al., Respondents.

—[*1] Gary A. Abraham, Allegany, for plaintiffs-appellants.

Daniel A. DeRose, City Attorney, Olean, for defendants-respondents City of Olean, LaDorna Fox and Thomas Barnes.

Wendy A. Tuttle, Allegany, for defendant-respondent Town of Allegany.

Wagner & Hart, Olean (Janine C. Fodor of counsel), for defendants-respondents Giardini Bros. Construction Co. and William R. Giardini.

Appeal from an order and judgment (one paper) of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered May 23, 2007 in a declaratory judgment action. The order and judgment granted the motion of defendants to dismiss the complaint as time barred.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.