| Comptroller of State of N.Y. v Level Acres LLC |
| 2015 NY Slip Op 09734 [134 AD3d 1529] |
| December 31, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Comptroller of State of New York, as Trustee for the New York State Common Retirement Fund, Appellant, v Level Acres LLC, Respondent, et al., Defendants. (Appeal No. 2.) |
McNamee, Lochner, Titus & Williams, P.C., Albany (Francis J. Smith of counsel), for plaintiff-appellant.
Pekarek Law Group, P.C., Wellsville (Edward Pekarek of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered November 6, 2014. The order denied the motion of plaintiff for summary judgment.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Same memorandum as in Comptroller of State of New York v Level Acres LLC ([appeal No. 1] 134 AD3d 1528 [2015]). Present—Smith, J.P., Peradotto, Carni, Lindley and Whalen, JJ.