| Matter of Casino Free Tyre v Town Bd. of Town of Tyre |
| 2016 NY Slip Op 04620 [140 AD3d 1711] |
| June 10, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Casino Free Tyre, by its President, James Dawley, III, et al., Appellants, v Town Board of Town of Tyre et al., 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. Present—Whalen, P.J., Carni, NeMoyer, Troutman and Scudder, JJ. [Prior Case History: 51 Misc 3d 665.]