MOTION NO. 820 IN THE MATTER OF THE APPLICATION OF /CONDEMNOR NEW YORK STATE URBAN DEVELOPMENT CORPORATION, DOING
Motion No: CA 11-00325
Slip Opinion No: 2011 NY Slip Op 86378(U)
Decided on September 30, 2011
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.


September 30, 2011

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, AND SCONIERS, 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

MOTION NO. 820

IN THE MATTER OF THE APPLICATION OF PETITIONER/CONDEMNOR

NEW YORK STATE URBAN DEVELOPMENT CORPORATION,

DOING BUSINESS AS EMPIRE STATE DEVELOPMENT CORPORATION,

PETITIONER-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-RESPONDENTS.


Respondents having moved for reargument of, reconsideration of, and/or leave to appeal to the Court of Appeals from the order of this Court entered June 17, 2011,

Now, upon reading and filing the affdiavit of John A. Cirando, Esq., sworn to June 30, 2011, the notice of motion with proof of service thereof, and the affidavit of Philip G. Spellane, Esq., sworn to July 15, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 30, 2011

Patricia L. Morgan, Clerk