EXCELSIOR v. TOWN OF AMHERST

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 14, 2014
• Docket: CA 14-00483
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

1067 CA 14-00483 PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND DEJOSEPH, JJ.

IN THE MATTER OF EXCELSIOR, PETITIONER-RESPONDENT,

V ORDER

ASSESSOR, TOWN OF AMHERST, ET AL., RESPONDENTS. -------------------------------------------------- AMHERST CENTRAL SCHOOL DISTRICT, INTERVENOR-APPELLANT.

HODGSON RUSS LLP, BUFFALO (JOSHUA FEINSTEIN OF COUNSEL), FOR INTERVENOR-APPELLANT.

WOLFGANG & WEINMANN, LLP, BUFFALO (PETER ALLEN WEINMANN OF COUNSEL), FOR PETITIONER-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered December 3, 2013 in a proceeding pursuant to RPTL article 7. The order, inter alia, denied the motion of the Amherst Central School District to dismiss the petition.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 16 and 17, 2014,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: November 14, 2014 Frances E. Cafarell Clerk of the Court