Matter of LVI Envtl. Servs., Inc. v New York State Urban Dev. Corp.
2009 NY Slip Op 08424 [67 AD3d 1456]
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 LVI Environmental Services, Inc., Appellant, and Gramercy Group, Inc., Intervenor-Petitioner, v New York State Urban Development Corporation, Individually and Doing Business as Empire State Development Corporation, et al., Respondents.

—[*1] Ernstrom & Dreste, LLP, Rochester (Kevin F. Peartree of counsel), for petitioner-appellant. Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh of counsel), for respondent-respondent New York State Urban Development Corporation, individually and doing business as Empire State Development Corporation.

Gates & Adams, P.C., Rochester (Richard T. Bell, Jr., of counsel), for respondent-respondent Cambria Contracting, Inc.

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (William P. Polito, J.), entered July 2, 2009 in a proceeding pursuant to CPLR article 78. The judgment, insofar as appealed from, dismissed the petition of petitioner LVI Environmental Services, Inc.

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