Matter of Merco, Inc. v Niagara Falls Water Bd.
2010 NY Slip Op 01227 [70 AD3d 1416]
February 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


In the Matter of Merco, Inc., Appellant, v Niagara Falls Water Board, Respondent. Yarussi Construction, Inc., Respondent.

—[*1] King & King, LLP, Long Island City (Peter M. Kutil of counsel) and Ernstrom & Dreste, LLP, Rochester, for petitioner-appellant.

Harris Beach PLLC, Buffalo (Kimberly A. Colaiacovo of counsel), for respondent-respondent.

Roscetti & DeCastro, P.C., Niagara Falls (Damon A. DeCastro of counsel), for respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered November 30, 2009 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition and vacated a temporary restraining order.

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—Centra, J.P., Fahey, Peradotto, Carni and Lindley, JJ.