| IN THE MATTER OF LEVEL 3 COMMUNICATIONS, LLC, V CHAUTAUQUA COUNTY, CITY OF DUNKIRK VILLAGE OF BROCTON VILLAGE OF |
| Motion No: 1199-16 |
| Slip Opinion No: 2017 NY Slip Op 88139(U) |
| Decided on September 29, 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. |
PRESENT: CENTRA, J.P., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ.
MOTION NO. 1199-16
DOCKET NO. CA 16-00511
| IN THE MATTER OF LEVEL 3 COMMUNICATIONS, LLC,
PETITIONER-PLAINTIFF-APPELLANT, V CHAUTAUQUA COUNTY, CITY OF DUNKIRK, VILLAGE OF BROCTON, VILLAGE OF WESTFIELD, BROCTON
CENTRAL SCHOOL DISTRICT, DUNKIRK CITY SCHOOL DISTRICT, FREDONIA CENTRAL SCHOOL DISTRICT, RIPLEY CENTRAL SCHOOL DISTRICT, AND
WESTFIELD CENTRAL SCHOOL DISTRICT, RESPONDENTS-DEFENDANTS-RESPONDENTS. |
Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered March 24, 2017,
Now, upon reading and filing the affirmation of John G. Nicolich, Esq., dated May 24, 2017, the notice of motion with proof of service thereof, and the affirmation of Michael B. Risman, Esq., dated June 20, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: September 29, 2017
Mark W. Bennett, Clerk