Matter of City of Syracuse v Central N.Y. Assn. of Delta Kappa Epsilon (2012 NY Slip Op 04544)

Matter of City of Syracuse v Central N.Y. Assn. of Delta Kappa Epsilon

2012 NY Slip Op 04544 [96 AD3d 1448]

June 8, 2012

Appellate Division, Fourth Department

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

As corrected through Wednesday, August 1, 2012

In the Matter of City of Syracuse, Appellant, v Central New York Association of Delta Kappa Epsilon, Respondent.

—[*1] Mary Anne Doherty, Corporation Counsel, Syracuse (Thomas R. Babilon of counsel), for petitioner-appellant.

Menter, Rudin & Trivelpiece, P.C., Syracuse (Teresa M. Bennett of counsel), for respondent-respondent.

Appeal from an order of the Onondaga County Court (Anthony F. Aloi, J.), entered March 14, 2011. The order, insofar as appealed from, denied the motion of petitioner to dismiss the appeal of respondent.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Fahey, Peradotto, Sconiers and Martoche, JJ.