COMPTROLLER OF STATE OF NEW YORK AS TRUSTEE FOR THE NEW YORK STATE COMMON RETIREMENT FUND PLAINTIFF APPELLANT v. APPEAL NO (2015)

Supreme Court, Appellate Division, Fourth Department.

COMPTROLLER OF STATE OF NEW YORK, AS TRUSTEE FOR THE NEW YORK STATE COMMON RETIREMENT FUND, PLAINTIFF–APPELLANT, v. LEVEL ACRES LLC, DEFENDANT–RESPONDENT, ET AL., DEFENDANTS. (APPEAL NO. 2.)

CA 15–00178

Decided: December 31, 2015

PRESENT: SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND WHALEN, JJ.

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.

MEMORANDUM AND ORDER

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] _ AD3d _ [Dec. 31, 2015] ).

Frances E. Cafarell

Clerk of the Court

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