| Matter of Synergy, LLC v Kibler |
| 2015 NY Slip Op 00039 [124 AD3d 1263] |
| January 2, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Synergy, LLC, et al., Appellants, v Susan Kibler, Assessor, Town of Covington, et al., Respondents, and Wyoming Central School District, Intervenor-Respondent. (Appeal No. 2.) |
Bond, Schoeneck & King, PLLC, Rochester (Karl S. Essler of counsel), for petitioners-appellants.
Dimatteo Law Office, Warsaw (David M. Roach of counsel), for respondents-respondents.
Harris Beach PLLC, Pittsford (J. Ryan White of counsel), for intervenor-respondent.
Susan G. Rosenthal, New York State Department of Agriculture and Markets, Albany (John F. Rusnica of counsel), for Commissioner of the New York State Department of Agriculture and Markets, amicus curiae.
Appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered December 23, 2013. The order denied petitioners' motion for leave to reargue and/or renew.
It is hereby ordered that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.
Same memorandum as in Matter of Synergy, LLC v Kibler ([appeal No. 1] 124 AD3d 1261 [2015]). Present—Smith, J.P., Peradotto, Valentino, Whalen and DeJoseph, JJ.