*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1169

CA 11-00034

PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, SCONIERS, AND GREEN, JJ. IN THE MATTER OF JEFFREY THRALL,

PETITIONER-RESPONDENT,

V MEMORANDUM AND ORDER CNY CENTRO, INC. AND CENTRAL NEW YORK REGIONAL

TRANSPORTATION AUTHORITY, RESPONDENTS-APPELLANTS.

(APPEAL NO. 2.)

FERRARA, FIORENZA, LARRISON, BARRETT & REITZ, P.C., EAST SYRACUSE (CRAIG M. ATLAS OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

ROBERT LOUIS RILEY, SYRACUSE, FOR PETITIONER-RESPONDENT.

Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (James P. Murphy, J.), entered April 19, 2010 in a proceeding pursuant to CPLR article 78. The order and judgment, among other things, granted petitioner’s motion for summary judgment.

It is hereby ORDERED that said appeal is unanimously dismissed without costs, and the “order and judgment” is vacated.

Same Memorandum as in Matter of Thrall v CNY Centro, Inc. ([appeal No. 1] ___ AD3d ___ [Nov. 10, 2011]).

Entered: November 10, 2011 Patricia L. Morgan

Clerk of the Court