Matter of Brown v County of Erie
2009 NY Slip Op 02396 [60 AD3d 1442]
March 27, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


In the Matter of Paul Brown, as President of Building and Construction Trades Council of Buffalo and Vicinity, et al., Respondents, v County of Erie et al., Appellants. Operating Engineers Local 17 Training Fund, Intervenor-Respondent; Associated Builders and Contractors, Inc., Intervenor-Appellant. (Appeal No. 1.)

—[*1] Cheryl A. Green, County Attorney, Buffalo (Kristin Klein Wheaton of counsel), for respondent-appellant County of Erie. Bond, Schoeneck & King, PLLC, Buffalo (Robert A. Doren of counsel), for respondent-appellant Tom Greenauer Development, Inc. and intervenor-appellant.

Creighton, Pearce, Johnsen & Giroux, Buffalo (Catherine A. Creighton of counsel) and Sherman, Dunn, Cohen, Leifer & Yellig PC, Washington, D.C., for petitioners-respondents and intervenor-respondent.

Andrew M. Cuomo, Attorney General, Albany (Michelle Aronowitz of counsel), amicus curiae in support of petitioners-respondents.

Appeals from an order of the Supreme Court, Erie County (Timothy J. Drury, A.J.), entered October 16, 2007 in a proceeding pursuant to CPLR article 78. The order, insofar as appealed from, denied the motions of respondents to dismiss the petition.

It is hereby ordered that said appeals are unanimously dismissed without costs (see CPLR 5701 [b] [1]). Present—Smith, J.P., Centra, Peradotto and Gorski, JJ.