Pino Alto Partners v Erie County Water Auth.
2010 NY Slip Op 06849 [77 AD3d 1303]
October 1, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


Pino Alto Partners, Individually and on Behalf of All Others Similarly Situated, Respondent, v Erie County Water Authority, Appellant.

—[*1] Hodgson Russ LLP, Buffalo (Hugh M. Russ, III, of counsel), for defendant-appellant.

Harter Secrest & Emery LLP, Buffalo (John G. Horn of counsel) and Law Office of Ralph C. Lorigo, West Seneca, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered August 18, 2009. The order provided for class notification pursuant to CPLR 904.

It is hereby ordered that the order so appealed from is unanimously affirmed with costs for reasons stated at Supreme Court. Present—Martoche, J.P., Centra, Carni, Lindley and Green, JJ.