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In the Matter of Lvi Environmental v. New York State Urban Development

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 13, 2009

IN THE MATTER OF LVI ENVIRONMENTAL SERVICES, INC., PETITIONER-APPELLANT, AND GRAMERCY GROUP, INC., INTERVENOR-PETITIONER,
v.
NEW YORK STATE URBAN DEVELOPMENT CORPORATION, INDIVIDUALLY AND DOING BUSINESS AS EMPIRE STATE DEVELOPMENT CORPORATION, AND CAMBRIA CONTRACTING, INC., RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (William P. Polito, J.), entered July 2, 2009 in a proceeding pursuant to CPLR article 78. The judgment, insofar as appealed from, dismissed the petition of petitioner LVI Environmental Services, Inc.

1464

PRESENT: SMITH, J.P., PERADOTTO, GREEN, PINE, AND GORSKI, JJ.

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.

Patricia L. Morgan Clerk of the Court

20091113

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