ROSIMINI, GARY S. v. TOWN OF WESTERN

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 13-02103 PRESENT: SMITH, J.P., CENTRA, CARNI, WHALEN, AND DEJOSEPH, JJ.

IN THE MATTER OF GARY S. ROSIMINI, PATRICIA M.

ROSIMINI, MORGAN CADY AND PETER GROCHOLSKI, PETITIONERS-APPELLANTS, V ORDER TOWN OF WESTERN, MARY J. CENTRO, TOWN OF WESTERN CLERK, THOMAS STEVENS, INDIVIDUALLY AND AS TOWN OF WESTERN HIGHWAY SUPERINTENDENT, LAWRENCE MIEREK, TOWN OF WESTERN COUNCILPERSON, LEONARD CHARNEY, TOWN OF WESTERN COUNCILPERSON, EDWARD MADER, TOWN OF WESTERN COUNCILPERSON, VERONICA MURPHY, TOWN OF WESTERN COUNCILPERSON, AND ROBIN DAVIS, TOWN OF WESTERN SUPERVISOR, RESPONDENTS-RESPONDENTS.

BOND, SCHOENECK & KING, PLLC, UTICA (RAYMOND A. MEIER OF COUNSEL), FOR PETITIONERS-APPELLANTS.

CHARLES W. ENGELBRECHT, ROME, FOR RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (David A. Murad, J.), dated March 11, 2013 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

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

Entered: June 13, 2014 Frances E. Cafarell Clerk of the Court