*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 419

CA 11-01671

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. IN THE MATTER OF KEVIN FAGER, THOMAS GILLETT

AND OTHER PETITIONERS UNITED IN INTEREST,

PETITIONERS-APPELLANTS,

V ORDER BOARD OF EDUCATION, ROCHESTER CITY SCHOOL

DISTRICT, RESPONDENT-RESPONDENT.

RICHARD E. CASAGRANDE, LATHAM (JAMES D. BILIK OF COUNSEL), FOR PETITIONERS-APPELLANTS.

CHARLES G. JOHNSON, ROCHESTER (MICHAEL E. DAVIS OF COUNSEL), FOR RESPONDENT-RESPONDENT. Appeal from a judgment of the Supreme Court, Monroe County (David Michael Barry, J.), entered November 1, 2010 in a proceeding pursuant to CPLR article 78. The judgment denied and 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: April 20, 2012 Frances E. Cafarell

Clerk of the Court