Matter of Granto v City of Niagara Falls

Matter of Granto v City of Niagara Falls 2017 NY Slip Op 02319 Decided on March 24, 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 March 24, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, LINDLEY, AND CURRAN, JJ.
1039 CA 15-02020

[*1]IN THE MATTER OF NICOLAS GRANTO, KEVIN HENDERSON, GEORGE MCDONELL, PETITIONERS-APPELLANTS, AND RICHARD FLECK, PETITIONER,

v

CITY OF NIAGARA FALLS, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)

MAGAVERN MAGAVERN GRIMM LLP, NIAGARA FALLS (SEAN J. MACKENZIE OF COUNSEL), FOR PETITIONERS-APPELLANTS.

CRAIG H. JOHNSON, CORPORATION COUNSEL, NIAGARA FALLS (CHRISTOPHER M. MAZUR OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered November 30, 2015. The order denied the motion of petitioners for leave to renew their oppostion to respondent's motion to dismiss the petition.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Granto v City of Niagara Falls ([appeal No. 1] ___ AD3d ___ [Mar. 24, 2017]).

Entered: March 24, 2017

Frances E. Cafarell

Clerk of the Court