Pino Alto Partners v Erie County Water Auth.

Pino Alto Partners v Erie County Water Auth. 2009 NY Slip Op 08302 [67 AD3d 1375] November 13, 2009 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 6, 2010

Pino Alto Partners, Indiviaually and on Behalf of all Others Similarly Situated, Respondent, v Erie County Water Authority, Appellant.

—[*1] Hodgson Russ LLP, Buffalo (Hugh M. Russ, III, of counsel), for defendant-appellant.

Harter Secrest & Emery LLP, Buffalo (David T. Archer of counsel) and Ralph C. Lorigo, West Seneca, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered January 15, 2009. The order, insofar as appealed from, granted in part plaintiff's motion for class certification.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (Pino Alto Partners v Erie County Water Auth., 21 Misc 3d 1114[A], 2008 NY Slip Op 52070[U] [2008]). Present—Centra, J.P., Fahey, Peradotto, Carni and Gorski, JJ.