IN THE MATTER OF ISKALO 5000 MAIN LLC AND ISKALO 5010 MAIN LLC V TOWN OF AMHERST INDUSTRIAL DEVELOPMENT AGENCY
Motion No: 1224.2-16
Slip Opinion No: 2017 NY Slip Op 72568(U)
Decided on April 28, 2017
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.


April 28, 2017

PRESENT: SMITH, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.

MOTION NO. 1224.2-16
DOCKET NO. CA 16-01425

IN THE MATTER OF ISKALO 5000 MAIN LLC AND ISKALO 5010 MAIN

LLC, PETITIONERS-RESPONDENTS,

V

TOWN OF AMHERST INDUSTRIAL DEVELOPMENT AGENCY,

RESPONDENT-APPELLANT.



COUNTY OF ERIE, INTERVENOR-RESPONDENT-APPELLANT.

(APPEAL NO. 2.)


Petitioners having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered February 3, 2017,

Now, upon reading and filing the affidavit of Sean W. Hopkins, Esq., sworn to March 13, 2017, the notice of motion with proof of service thereof, the affirmation of Andrea Schillaci, Esq., dated March 22, 2017, and the affirmation of Jeremy C. Toth, Esq., dated March 23, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: April 28, 2017

Frances E. Cafarell, Clerk