Boy Scouts of America v. Cayuga County Council No. 366

Appeal and cross appeal from an order of the Supreme Court, Cayuga County (Ann Marie Taddeo, J.), entered December 29, 2009. The order, inter alia, granted in part the motion of plaintiff for summary judgment.

It is hereby ordered that the order so appealed from is unanimously vacated on the law without costs and the matter is remitted to Supreme Court, Cayuga County, for further proceedings pursuant to N-PCL 511.

Memorandum: Defendants appeal and plaintiff cross-appeals from an order that, inter alia, granted that part of plaintiff’s motion for summary judgment seeking an order directing…