NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
February 11, 2010
IN THE MATTER OF MERCO, INC., APPELLANT,
NIAGARA FALLS WATER BOARD, RESPONDENT.
YARUSSI CONSTRUCTION, INC., RESPONDENT.
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.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010
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.
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