
    County of Erie, Respondent, v Gateway-Longview, Inc., Appellant, et al., Defendant.
    [924 NYS2d 870]
   Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered May 3, 2010 in a declaratory judgment action. The order denied the motion of defendant Gateway-Longview, Inc. to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present — Centra, J.P., Peradotto, Lindley and Sconiers, JJ.  