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APPEAL NO v. << (2015)

Supreme Court, Appellate Division, Fourth Department.

(APPEAL NO. 2.)

CA 14–00175

Decided: January 02, 2015

PRESENT:  SMITH, J.P., PERADOTTO, VALENTINO, WHALEN, AND DEJOSEPH, JJ.

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.

MEMORANDUM AND ORDER

AND WYOMING CENTRAL SCHOOL DISTRICT,

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.

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] _ AD3d _ [Jan. 2, 2015] ).

Frances E. Cafarell

Clerk of the Court

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APPEAL NO v. << (2015)

Docket No: CA 14–00175

Decided: January 02, 2015

Court: Supreme Court, Appellate Division, Fourth Department.

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