Matter of Thrall v Cny Centro, Inc.
2005 NY Slip Op 03379
Decided on April 29, 2005
Appellate Division, Fourth Department
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on April 29, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: GREEN, J.P., SCUDDER, KEHOE, SMITH, AND HAYES, JJ.

383 CA 04-02009

[*1]MATTER OF JEFFREY THRALL, PETITIONER-APPELLANT-RESPONDENT, ORDER

v

CNY CENTRO, INC., AND CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY, RESPONDENTS-RESPONDENTS-APPELLANTS.



Appeal and cross appeal from a judgment (denominated order and judgment) of the Supreme Court, Onondaga County (William R. Roy, J.), entered April 5, 2004 in a proceeding pursuant to CPLR article 78. The judgment dismissed the amended petition.


RIEHLMAN, SHAFER & SHAFER, TULLY (ROBERT M. SHAFER OF COUNSEL), FOR PETITIONER-APPELLANT-RESPONDENT.
FERRARA, FIORENZA, LARRISON, BARRETT & REITZ, P.C., EAST SYRACUSE (CRAIG M. ATLAS OF COUNSEL), FOR RESPONDENTS-RESPONDENTS-APPELLANTS.


It is hereby ORDERED that said cross appeal be and the same hereby is unanimously dismissed (see Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482, 488; Matter of Brown v Starkweather, 197 AD2d 840, 841, lv denied 82 NY2d 653; see also CPLR 5511) and the judgment is affirmed without costs.
Entered: April 29, 2005
JoAnn M. Wahl
Clerk of the Court


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