Niagara Mohawk Power Corp. v. Town of Tonawanda Assessor

Appellate Division of the Supreme Court of New York

Niagara Mohawk Power Corp. v. Town of Tonawanda Assessor

233 A.D.2d 920, 649 N.Y.S.2d 871, 1996 N.Y. App. Div. LEXIS 13413

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 8, 1996

DocketAppeal No. 1

StatusPublished

Cited by1 cases

This text of 233 A.D.2d 920 (Niagara Mohawk Power Corp. v. Town of Tonawanda Assessor) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Niagara Mohawk Power Corp. v. Town of Tonawanda Assessor, 233 A.D.2d 920, 649 N.Y.S.2d 871, 1996 N.Y. App. Div. LEXIS 13413 (N.Y. Ct. App. 1996).

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Opinion

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted respondents’ motion to settle the record on appeal and did not improperly limit the record on respondents’ appeals. The contention of petitioner that the court erred in denying its cross motion to resettle a prior order by failing to include certain case law has not been preserved for our review. We note, in any event, that "an order denying a motion to resettle a substantive portion of a previous order is not appeal-able” (Gifaldi v Dumont Co., 172 AD2d 1025, 1026). (Appeal from Order of Supreme Court, Erie County, Glownia, J.—Settle Record.) Present—Green, J. P., Lawton, Fallon, Callahan and Doerr, JJ.

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Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted respondents’ motion to settle the record on appeal and did not improperly limit the record on respondents’ appeals. The contention of petitioner that the court erred in denying its cross motion to resettle a prior order by failing to include certain case law has not been preserved for our review. We note, in any event, that "an order denying a motion to resettle a substantive portion of a previous order is not appeal-able” (Gifaldi v Dumont Co., 172 AD2d 1025, 1026). (Appeal from Order of Supreme Court, Erie County, Glownia, J.—Settle Record.) Present—Green, J. P., Lawton, Fallon, Callahan and Doerr, JJ.

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Bluebook (online)

233 A.D.2d 920, 649 N.Y.S.2d 871, 1996 N.Y. App. Div. LEXIS 13413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niagara-mohawk-power-corp-v-town-of-tonawanda-assessor-nyappdiv-1996.

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