¶1—Appeal from an order of the Supreme Court, Ontario County (William F. Kocher, A.J.), entered June 12, 2009 in a proceeding pursuant to RPTL article 7. The order, insofar as appealed from, denied the motion of petitioner for summary judgment.
¶2It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Smith, J.P., Peradotto, Garni, Sconiers and Gorski, JJ.