PRESENT: SCUDDER, P. J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 11-00325
159.09-2-25.122
159.09-2-25.112
159.09-2-25.121
159.09-2-25.111
159.09-2-25.211

IN THE APPLICATION OF PETITIONER/CONDEMNOR NEW YORK STATE URBAN DEVELOPMENT CORPORATION DOING BUSINESS AS EMPIRE STATE DEVELOPMENT CORPORATION, TO ACQUIRE IN FEE SIMPLE CERTAIN REAL PROPERTY CURRENTLY OWNED BY FALLSITE, LLC, AND KNOW AS: 232 SIXTH STREET, CITY OF NIAGARA FALLS 700 RAINBOW BLVD., CITY OF NIAGARA FALLS 231 SIXTH STREET, CITY OF NIAGARA FALLS 626 RAINBOW BLVD., CITY OF NIAGARA FALLS 701 FALLS STREET, CITY OF NIAGARA FALLS SITUATE IN THE COUNTY OF NIAGARA FALLS, STATE OF NEW YORK AND HAVING, RESPECTIVELY, THE FOLLOWING TAX SECTIONS, BLOCKS, AND LOTS: TOGETHER WITH ALL COMPENSABLE INTERESTS THEREIN CURRENTLY OWNED BY FALLSITE, LLC, FALLSVILLE SPLASH, LLC AND ANY OTHER CONDEMNEES WHO ARE CURRENTLY UNKNOWN. NEW YORK STATE URBAN DEVELOPMENT CORPORATION, PETITIONER-APPELLANT, FALLSITE, LLC AND FALLSVILLE SPLASH, LLC, RESPONDENTS-RESPONDENTS.

Petitioner having moved for leave to appeal to this Court from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara County on January 10, 2011,

Now, upon reading and filing the affidavits of Philip G. Spellane, Esq. sworn to February 11, 2011, and February 18, 2011, the notice of motion with proof of service thereof, and the affidavits of John A. Cirando, Esq. sworn to February 18, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks permission to appeal, on the condition that petitioner perfects the appeal on or before March 15, 2011, in which case the appeal shall be added to the calendar for the term of this Court commencing May 16, 2011.

Entered: March 2, 2011

Patricia L. Morgan, Clerk