MKCAC, LLC v County of Oneida

MKCAC, LLC v County of Oneida 2017 NY Slip Op 00812 Decided on February 3, 2017 Appellate Division, Fourth Department 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.

Decided on February 3, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CURRAN, TROUTMAN, AND SCUDDER, JJ.
138 CA 15-02175

[*1]MKCAC, LLC, MICHAEL CACCAVALE AND KARIN CACCAVALE, PLAINTIFFS-APPELLANTS,

v

COUNTY OF ONEIDA, TONY BAKER, ALSO KNOWN AS ANTHONY BAKER, SHUMAKER CONSULTING, ENGINEERING AND LAND SURVEYING, PC, AND HOGAN ENGINEERING, PC, DEFENDANTS-RESPONDENTS.

D.J. & J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

PETRONE & PETRONE, P.C., UTICA (MARK O. CHIECO OF COUNSEL), FOR DEFENDANT-RESPONDENT COUNTY OF ONEIDA.

HARTER, SECREST & EMERY LLP, ROCHESTER (MICHAEL DAMIA OF COUNSEL), FOR DEFENDANT-RESPONDENT SHUMAKER CONSULTING, ENGINEERING AND LAND SURVEYING, PC.

MCMAHON AND GROW, ROME (SARAH C. HUGHES OF COUNSEL), FOR DEFENDANT-RESPONDENT TONY BAKER, ALSO KNOWN AS ANTHONY BAKER.

VERSACE LAW OFFICE, PC, ROME (MEADE H. VERSACE OF COUNSEL), FOR DEFENDANT-RESPONDENT HOGAN ENGINEERING, PC.

Appeal from an order of the Supreme Court, Oneida County (Erin P. Gall, J.), entered March 5, 2015. The order, among other things, denied the motion of plaintiffs for summary judgment, and granted the cross motion of defendant County of Oneida to amend its answer, and for summary judgment dismissing the complaint against it.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: February 3, 2017

Frances E. Cafarell

Clerk of the Court