Supreme Court held in and

for the County of Chautauqua

at Mayville, New York, on

November 27, 1995.

PRESENT: Hon. Joseph Gerace

Supreme Court Justice

STATE OF NEW YORK

SUPREME COURT: COUNTY OF CHAUTAUQUA

_____________________________________________

SUNRISE PROPERTIES, INC.,

Petitioner,

vs DECISIONANDORDER

INDEX #H-12359

CHAUTAUQUA COUNTY INDUSTRIAL

DEVELOPMENT AGENCY,

Respondent.

_____________________________________________

Petitioner Sunrise Properties, Inc. ("Sunrise"),

having commenced this Petition pursuant to Article 78 of

the CPLR, for an order annulling, declaring void, and

setting aside certain resolution adopted by respondent

Chautauqua County Industrial Development Agency ("CCIDA")

on July 28, 1995, approving the request of Tops Market,

Inc. ("Tops") for financial assistance in connection with a

certain development by Tops in the City of Jamestown, and

annulling, declaring void, and setting aside the tax lease

and PILOT Agreement granted to Tops by the CCIDA in

connection with said project.

Petitioner Sunrise has submitted the following papers

in support of its position: Verified Petition, dated

September 14, 1995; Order to Show Cause, granted September

15, 1995.

Respondent CCIDA has submitted an affidavit of Donald

L. Burdick, sworn to October 10, 1995, in opposition to

Sunrise's Petition.

This matter came to be heard at a Special Term of this

Court on November 27, 1995, in the County Courthouse in

Mayville, New York. Charles C. Swanekamp, Esq. (Saperston

& Day, P.C.) and Ronald W. Malin, Esq. (Johnson, Peterson,

Tener & Anderson) appeared on behalf of Sunrise in support

of its Petition. Michael C. Foley, Esq. (Phillips, Lytle,

Hitchcock, Blaine & Huber) appeared on behalf of the CCIDA

in opposition to the Petition; and

Therein, it was represented to this Court that by

Resolution adapted November 14, 1995, the CCIDA has

withdrawn without prejudice to Tops Markets to reapply for

the benefits provided in the resolution previously

approving the application of Tops for financial assistance

referenced in the Petition. The Court, thereafter,

received a December 12, 1995 letter from Nicholas L.

Schmitt, corporate counsel for Tops Markets, a letter

setting forth that Tops has no objection to the withdrawal

of the inducement resolution.

It is ORDERED that the withdrawal of the inducement

resolution renders this motion moot, and the proceeding is

dismissed in all respects, and it is further

ORDERED that this Court retains jurisdiction with

respect to any disputes arising between the parties

relative to this order and/or future inducement

applications.

____________________________

HON. JOSEPH GERACE

Entered: