| 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 63885(U) |
| Decided on February 18, 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 renewed the motion 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 February 2, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Paul Morrison-Taylor sworn to February 12, 2009, the opposing affirmation of Daniel A. Spitzer dated February 12, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, on the condition that appellant perfect the appeal on or before April 6, 2009.
Entered: February 18, 2009
JoAnn M. Wahl, Clerk