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

DOCKET NO. CA 11-01286
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, PETITIONER-RESPONDENT-APPELLANT, TO ACQUIRE IN FEE SIMPLE CERTAIN REAL PROPERTY CURRENTLY OWNED BY FALLSITE, LLC, AND KNOWN 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 SITUATED IN THE COUNTY OF NIAGARA, 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. FALLSITE, LLC AND FALLSVILLE SPLASH, LLC, RESPONDENTS-APPELLANTS-RESPONDENTS.

Respondents having moved to dismiss petitioner's cross appeal or, in the alternative, to consolidate the petitioner's cross appeal with respondents' appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on January 24, 2011, on the ground that petitioner has failed to perfect timely the cross appeal,

Now, upon reading and filing the affidavit of John A. Cirando, Esq., sworn to July 15, 2011, the notice of motion with proof of service thereof, and the stipulation of withdrawal and discontinuance of the cross appeal received July 29, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as moot.

Entered: August 3, 2011

Patricia L. Morgan, Clerk