Matter of Niagara Frontier Transp. Auth. (International Longshoremen's Assn., Local 2028)
2009 NY Slip Op 08380 [67 AD3d 1425]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


In the Matter of the Arbitration between Niagara Frontier Transportation Authority, Appellant, and International Longshoremen's Association, Local 2028, Respondent. (Appeal No. 2.)

—[*1] Daniel M. Gregory, Buffalo (Wayne R. Gradl of counsel), for petitioner-appellant.

Law Office of William E. Grande, Kenmore (William E. Grande of counsel), for respondent-respondent.

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered January 26, 2009 in a proceeding pursuant to CPLR article 75. The order denied petitioner's motion for leave to reargue respondent's cross motion in appeal No. 1.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Matter of Niagara Frontier Transp. Auth. (International Longshoremen's Assn., Local 2028) (67 AD3d 1424 [2009]). Present—Scudder, P.J., Hurlbutt, Martoche, Centra and Peradotto, JJ.