IN THE MATTER OF THE GERRY HOMES, V TOWN OF ELLICOTT, ASSESSOR FOR TOWN OF ELLICOTT AND BOARD OF ASSESSMENT REVIEW FOR
Motion No: CA 16-00251
Slip Opinion No: 2016 NY Slip Op 92937(U)
Decided on November 29, 2016
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.


November 29, 2016

PRESENT: WHALEN, P.J., CENTRA, LINDLEY, DEJOSEPH, AND SCUDDER, JJ.

DOCKET NO. CA 16-00251

IN THE MATTER OF THE GERRY HOMES,

PETITIONER-RESPONDENT-APPELLANT,

V

TOWN OF ELLICOTT, ASSESSOR FOR TOWN OF ELLICOTT AND BOARD

OF ASSESSMENT REVIEW FOR TOWN OF ELLICOTT,

RESPONDENTS-APPELLANTS-RESPONDENTS.


LeadingAge New York, Inc. having moved having moved for permission to appear as amicus curiae on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on June 11, 2015,

Now, upon reading and filing the affidavit of Matthew J. Leonardo, Esq., sworn to November 10, 2016, the notice of motion with proof of service thereof, and the affidavit of Katherine E. Gavett, Esq., sworn to November 17, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to file and serve a brief amicus curiae is granted, on the condition that the brief is filed and served in accordance with this Court's rules on or before December 2, 2016, and the Clerk is directed to accept the brief for filing.

Entered: November 29, 2016

Frances E. Cafarell, Clerk