| CITY COUNCIL OF CITY OF JAMESTOWN V TOWN COUNCIL OF TOWN OF ELLICOTT AND BOARD OF TRUSTEES OF VILLAGE OF FALCONER IN |
| Motion No: OP 17-01942 |
| Slip Opinion No: 2018 NY Slip Op 60856(U) |
| Decided on January 10, 2018 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. OP 17-01942
DOCKET NO. TP 17-02197
| CITY COUNCIL OF CITY OF JAMESTOWN, PETITIONER, V TOWN COUNCIL
OF TOWN OF ELLICOTT AND BOARD OF TRUSTEES OF VILLAGE OF FALCONER, RESPONDENTS. IN THE MATTER OF CITY OF JAMESTOWN,
PETITIONER, V TOWN COUNCIL OF TOWN OF ELLICOTT AND BOARD OF TRUSTEES OF VILLAGE OF FALCONER,
RESPONDENTS. |
Respondents having moved to dismiss these CPLR article 78 proceedings, and for costs and attorney's fees associated with this motion,
Now, upon reading and filing the affirmation of Pietra G. Zaffram, Esq., dated December 1, 2017, the affidavit of Tracie Lorenzo sworn to November 27, 2017, the notice of motion with proof of service thereof, the affirmation of Kathleen M. Bennett, Esq., dated December 8, 2017, the affidavit of Therese A. Vanetti, Esq., sworn to December 8, 2017, the affirmation of Michelle R. Billington, Esq., dated December 8, 2017, and the affidavit of Todd Thomas sworn to December 7, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice and leave to renew any contentions in support of or in opposition to the motion insofar as it seeks dismissal of the proceedings in the parties' briefs and at oral argument, and
It is further ORDERED that the motion is denied insofar as it seeks costs and attorney's fees.
Entered: January 10, 2018
Mark W. Bennett, Clerk