SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 12, 2010
MOHAWK VALLEY WATER AUTHORITY, PLAINTIFF-RESPONDENT,
STATE OF NEW YORK, ET AL., DEFENDANTS, AND ERIE BOULEVARD HYDROPOWER, L.P., DEFENDANT-APPELLANT. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered April 24, 2008. The order denied the motion of defendant Erie Boulevard Hydropower, L.P. to dismiss plaintiff's ninth and seventeenth causes of action and granted the motion of plaintiff for leave to file and serve an amended complaint.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.
It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Smith v Russell Sage Coll., 78 AD2d 913, affd 54 NY2d 185, rearg denied 55 NY2d 878).
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