INTEGRATED FACILITY SYSTEMS, INC. v. GARDNER, COLLEEN C. ( 2011 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 804.2 CA 11-00028 PRESENT: SCUDDER, P.J., SMITH, CARNI, SCONIERS, AND GREEN, JJ. INTEGRATED FACILITY SYSTEMS, INC., PLAINTIFF-APPELLANT, V ORDER COLLEEN C. GARDNER, AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF LABOR, NEW YORK STATE DEPARTMENT OF LABOR, BUREAU OF PUBLIC WORKS, DEFENDANTS-RESPONDENTS. BOND, SCHOENECK & KING, PLLC, BUFFALO (ROBERT A. DOREN OF COUNSEL), FOR PLAINTIFF-APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATHLEEN M. ARNOLD OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered October 29, 2010 in a declaratory judgment action. The order granted the motion of defendants to dismiss the complaint and denied as moot the cross motion of plaintiff for summary judgment. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Entered: June 10, 2011 Patricia L. Morgan Clerk of the Court