Matter of Thrall v CNY Centro, Inc.
2011 NY Slip Op 08022 [89 AD3d 1452]
November 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


In the Matter of Jeffrey Thrall, Respondent, v CNY Centro, Inc., et al., Appellants. (Appeal No. 2.)

—[*1] Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., East Syracuse (Craig M. Atlas of counsel), for respondents-appellants.

Robert Louis Riley, Syracuse, for petitioner-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (James P. Murphy, J.), entered April 19, 2010 in a proceeding pursuant to CPLR article 78. The order and judgment, among other things, granted petitioner's motion for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs, and the "order and judgment" is vacated.

Same memorandum as in Matter of Thrall v CNY Centro, Inc. (89 AD3d 1449 [2011]). Present—Peradotto, J.P., Carni, Lindley, Sconiers and Green, JJ.