Town of Onondaga v Grimm
2009 NY Slip Op 09939 [68 AD3d 1820]
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


Town of Onondaga, by David Coons and Others, Constituting Three District Taxpayers pursuant to Town Law § 268 (2), Appellant, v Michael Grimm et al., Respondents.

—[*1] Scott F. Chatfield, Marietta, D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for plaintiff-appellant.

Sargent & Gilmore, LLP, Syracuse (Richard H. Sargent of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered November 7, 2008. The order, among other things, granted defendants' cross motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Fahey, Carni and Green, JJ. [Prior Case History: 2008 NY Slip Op 33024(U).]