Montesano v. Madison (45 A.D.3d 1352, 2007)

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (William P Polito, J.), entered September 22, 2006 in a declaratory judgment action. The judgment, among other things, declared that Insurance Law §§ 9104 and 9105 do not supersede and/or preempt a specific section of the Rochester City Charter.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (Montesano v Madison, 12 Misc 3d 1197[A], 2006 NY Slip Op 51609[U]). Present—Scudder, P.J., Hurlbutt, Fahey, Green and Pine, JJ. [See 12 Misc 3d 1197(A), 2006 NY Slip Op 51609(U) (2007).]