— Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered June 12, 2009 in a CPLR article 75 proceeding and breach of contract action. The order granted the motion of petitioners/plaintiffs for partial summary judgment on the issue of liability.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Martoche, J.P., Smith, Fahey, Peradotto and Green, JJ.