Matter of Caruso v Village of Kenmore
2009 NY Slip Op 09852 [68 AD3d 1753]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


In the Matter of Michael G. Caruso, Respondent, v Village of Kenmore et al., Appellants.

—[*1] Bond, Schoeneck & King, PLLC, Buffalo (Robert A. Doren of counsel), for respondents-appellants.

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

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 14, 2009 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

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—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.