| IN THE MATTER OF THE APPLICATION OF ARCELORMITTAL LACKAWANNA LLC, AND ARCELORMITTAL TECUMSEH REDEVELOPMENT INC. V CITY |
| Motion No: CA 08-01826 |
| Slip Opinion No: 2009 NYSlipOp 60277(U) |
| Decided on January 5, 2009 |
| 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA AND FAHEY, JJ.
DOCKET NO. CA 08-01826
| IN THE MATTER OF THE APPLICATION OF ARCELORMITTAL LACKAWANNA LLC,
AND ARCELORMITTAL TECUMSEH REDEVELOPMENT INC., PETITIONERS-RESPONDENTS, V CITY OF LACKAWANNA, RESPONDENT-RESPONDENT,
AND CITY OF LACKAWANNA SCHOOL DISTRICT, INTERVENOR-RESPONDENT-RESPONDENT. COUNTY OF ERIE, PROPOSED
INTERVENOR-RESPONDENT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 9, 2008,
Now, upon reading and filing the affidavit of James L. Tuppen sworn to December 22, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Paul Morrison-Taylor sworn to December 31, 2008, the opposing affirmation of Joshua Feinstein dated December 31, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew upon a showing of merit on or before February 4, 2009 (see 22 NYCRR 1000.13 [g])
Entered: January 5, 2009
JoAnn M. Wahl, Clerk