| IN THE MATTER OF THE APPLICATION OF /CONDEMNOR NEW YORK STATE URBAN DEVELOPMENT CORPORATION, DOING BUSINESS AS EMPIRE |
| Motion No: CA 11-01286 |
| Slip Opinion No: 2012 NY Slip Op 78410(U) |
| Decided on June 29, 2012 |
| 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: CENTRA, J.P., PERADOTTO., LINDLEY, SCONIERS, AND MARTOCHE, JJ.
DOCKET NO. CA 11-01286
MOTION NO. 495-12
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 MATTER OF THE APPLICATION OF PETITIONER/CONDEMNOR NEW YORK
STATE URBAN DEVELOPMENT CORPORATION, DOING BUSINESS AS EMPIRE STATE DEVELOPMENT CORPORATION, PETITIONER-RESPONDENT, 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. |
Appellants having moved for reargument or reconsideration of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered April 27, 2012,
Now, upon reading and filing the affidavit of John A. Cirando, Esq., sworn to May 25, 2012, the notice of motion with proof of service thereof, and the affidavit of Philip G. Spellane, Esq., sworn to June 8, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 29, 2012
Frances E. Cafarell, Clerk