IN THE MATTER OF THE APPLICATION OF ARCELORMITTAL LACKAWANNA LLC, AND ARCELORMITTAL TECUMSEH REDEVELOPMENT INC. V CITY
Motion No: 1021-09
Slip Opinion No: 2009 NY Slip Op 93089(U)
Decided on December 30, 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.


December 30, 2009

PRESENT: HURLBUTT, J.P., CENTRA, FAHEY, PINE, AND GORSKI, JJ.

MOTION NO. 1021-09
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 for leave to appeal to the Court of Appeals from the order of this Court entered October 2, 2009,

Now, upon reading and filing the affidavit of Gregory P. Kammer sworn to November 6, 2009, 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: December 30, 2009

Patricia L. Morgan, Clerk