*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 609

CA 16-00209

PRESENT: WHALEN, P.J., CARNI, NEMOYER, TROUTMAN, AND SCUDDER, JJ. IN THE MATTER OF CASINO FREE TYRE BY ITS

PRESIDENT, JAMES DAWLEY, III, DESIREE DAWLEY,

JAMES DAWLEY, III, LYNN BARBUTO, ROBERT BARBUTO,

JONATHAN MORELLI, JANE MORELLI, ASTRID NEARPASS,

JAMES NEARPASS, LAURA WORDEN, TODD WORDEN AND

DAGMAR NEARPASS, PETITIONERS-APPELLANTS,

V ORDER TOWN BOARD OF TOWN OF TYRE, TOWN OF TYRE, DAVID

PAGE, AS CODE ENFORCEMENT OFFICER OF TOWN OF TYRE, LAGO RESORT & CASINO, LLC, WILPAC HOLDINGS, LLC,

WILMOT GAMING, LLC, WILPAC FUNDING, LLC, THOMAS C.

WILMOT, SR., M. BRENT STEVENS AND WILMORITE, INC., RESPONDENTS-RESPONDENTS.

WILLIAMS & CONNOLLY LLP, WASHINGTON, D.C. (DANIEL F. KATZ, OF THE WASHINGTON, D.C. AND MISSOURI BARS, ADMITTED PRO HAC VICE, OF COUNSEL), AND MACKENZIE HUGHES LLP, SYRACUSE, FOR

PETITIONERS-APPELLANTS.

SIVE PAGET & RIESEL, P.C., NEW YORK CITY (MARK A. CHERTOK OF COUNSEL), AND BOND, SCHOENECK & KING, PLLC, SYRACUSE, FOR RESPONDENTS- RESPONDENTS TOWN BOARD OF TOWN OF TYRE, TOWN OF TYRE, AND DAVID PAGE, AS CODE ENFORCEMENT OFFICER OF TOWN OF TYRE.

KNAUF SHAW LLP, ROCHESTER (ALAN J. KNAUF OF COUNSEL), HARRIS BEACH PLLC, PITTSFORD, AND KIRKLAND & ELLIS LLP, LOS ANGELES, CALIFORNIA, FOR RESPONDENTS-RESPONDENTS LAGO RESORT & CASINO, LLC, WILPAC HOLDINGS, LLC, WILMOT GAMING, LLC, WILPAC FUNDING, LLC, THOMAS C. WILMOT, SR., M. BRENT STEVENS AND WILMORITE, INC., Appeal from a judgment (denominated order and judgment) of the Supreme Court, Seneca County (W. Patrick Falvey, A.J.), entered February 1, 2016 in a CPLR article 78 proceeding. 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 10, 2016 Frances E. Cafarell

Clerk of the Court