*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 664

CA 11-02434

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND MARTOCHE, JJ. BLUEROCK ENERGY HOLDINGS, INC., AND ITS

AFFILIATES NEW YORK ENERGY, INC., BLUEROCK

ENERGY, INC., BLUEROCK ENERGY SERVICES, INC.,

AND BENCHMARK ENERGY, INC.,

PLAINTIFFS-APPELLANTS,

V ORDER ANGELO F. CHAMBRONE, DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)

HISCOCK & BARCLAY, LLP, SYRACUSE (ALAN R. PETERMAN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

HANCOCK ESTABROOK, LLP, SYRACUSE (JANET D. CALLAHAN OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered July 18, 2011. The order granted the motion of defendant for partial summary judgment on his first counterclaim.

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: June 8, 2012 Frances E. Cafarell

Clerk of the Court