MATTER OF KENNETH SMITH V CITY OF NIAGARA FALLS
Motion No: OP 07-01158
Slip Opinion No: 2007 NYSlipOp 81194(U)
Decided on October 16, 2007
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


October 16, 2007

PRESENT: GORSKI, J.P., MARTOCHE, LUNN, FAHEY, AND PINE, JJ.

DOCKET NO. OP 07-01158

MATTER OF KENNETH SMITH, PETITIONER,
V
CITY OF NIAGARA FALLS, RESPONDENT.

Respondent having moved to expedite oral argument of the proceeding commenced in this Court pursuant to Eminent Domain Procedure Law § 207,

Now, upon reading and filing the affirmation of Sheila M. Chalifoux dated

October 4, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: October 16, 2007

JoAnn M. Wahl, Clerk