Integrated Facility Sys., Inc. v Gardner (2011 NY Slip Op 04951)

Integrated Facility Sys., Inc. v Gardner

2011 NY Slip Op 04951 [85 AD3d 1640]

June 10, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 10, 2011

Integrated Facility Systems, Inc., Appellant, v Colleen C. Gardner, as Commissioner of New York State Department of Labor, et al., Respondents.

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

Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Arnold of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered October 29, 2010 in a declaratory judgment action. The order granted the motion of defendants to dismiss the complaint and denied as moot the cross motion of plaintiff for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Scudder, P.J., Smith, Carni, Sconiers and Green, JJ.