IN THE MATTER OF GENEVA GENERAL HOSPITAL V ASSESSOR OF TOWN OF GENEVA, TOWN OF GENEVA, BOARD OF ASSESSMENT REVIEW OF
Motion No: CA 12-01418
Slip Opinion No: 2013 NY Slip Op 62395(U)
Decided on January 18, 2013
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.


January 18, 2013

PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND VALENTINO, JJ.

DOCKET NO. CA 12-01418

IN THE MATTER OF GENEVA GENERAL HOSPITAL,

PETITIONER-APPELLANT,

V

ASSESSOR OF TOWN OF GENEVA, TOWN OF GENEVA, BOARD OF

ASSESSMENT REVIEW OF TOWN OF GENEVA, COUNTY OF ONTARIO,

GENEVA CITY SCHOOL DISTRICT, RESPONDENTS-RESPONDENTS.


Appellant having moved for permission to have a memorandum of law included in the record on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on May 22, 2012,

Now, upon reading and filing the affidavit of Paul T. Sheppard, Esq., sworn to December 19, 2012, the notice of motion with proof of service thereof, and the affidavit of Lea T. Nacca, Esq., sworn to December 28, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice to a motion for the same relief in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Matter of Stewart v Soda, 239 AD2d 966).

Entered: January 18, 2013

Frances E. Cafarell, Clerk