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In the Matter of Merco, Inc., Appellant, v. Niagara Falls Water Board, Respondent. Yarussi Construction, Inc., Respondent

New York Supreme Court, Appellate Division2010-02-11
70 A.D.3d 1416893 N.Y.S.2d 915

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Opinion

majority opinion

—Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered November 30, 2009 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition and vacated a temporary restraining order.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Fahey, Peradotto, Carni and Lindley, JJ.