County of Erie v Gateway-Longview, Inc.
2011 NY Slip Op 04955 [85 AD3d 1644]
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


County of Erie, Respondent, v Gateway-Longview, Inc., Appellant, et al., Defendant.

—[*1] Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany (William J. Decaire of counsel), for defendant-appellant.

Martin A. Polowy, Acting County Attorney, Buffalo (David J. Sleight of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered May 3, 2010 in a declaratory judgment action. The order denied the motion of defendant Gateway-Longview, Inc. to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Peradotto, Lindley and Sconiers, JJ.