CITY COUNCIL OF CITY OF JAMESTOWN V TOWN COUNCIL OF TOWN OF ELLICOTT AND BOARD OF TRUSTEES OF VILLAGE OF FALCONER

CITY COUNCIL OF CITY OF JAMESTOWN V TOWN COUNCIL OF TOWN OF ELLICOTT AND BOARD OF TRUSTEES OF VILLAGE OF FALCONER

Motion No: OP 17-01942

Slip Opinion No: 2018 NY Slip Op 76546(U)

Decided on June 25, 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.

June 25, 2018

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.

FALCONER CENTRAL SCHOOL DISTRICT, INTERVENOR-RESPONDENT.
IN THE MATTER OF CITY OF JAMESTOWN, PETITIONER,
V
TOWN COUNCIL OF TOWN OF ELLICOTT AND BOARD OF TRUSTEES
OF VILLAGE OF FALCONER, RESPONDENTS.

Petitioner City Council of City of Jamestown having commenced a proceeding pursuant to General Municipal Law § 712 for a determination whether the proposed annexation of certain lands to the City of Jamestown is in the overall public interest, and said proceeding having been consolidated with a proceeding transferred to this Court by an order of the Supreme Court, Chautauqua County, entered December 15, 2017,

Now, upon reading and filing the petition of the City Council of City of Jamestown, verified by Samuel Teresi on November 7, 2017, the notice of petition with proof of service thereof, the answer of Town Council of Town of Ellicott, Board of Trustees of Village of Falconer and Falconer Central School District, verified by James Rensel on March 18, 2018, the petition of City of Jamestown, verified by Samuel Teresi on October 11, 2017, the answer of Town Council of Town of Ellicott and Board of Trustees of Village of Falconer verified by James Rensel on March 13, 2018, the order of transfer of Supreme Court, Chautauqua County, entered December 15, 2017, and the order of this Court entered February 22, 2018,

It is hereby ORDERED that the following are hereby designated as referees pursuant to General Municipal Law § 712 (6): Hon. Eugene F. Pigott, Jr., Hon. Mark A. Montour, and Diane F. Bosse, Esq., and

It is further ORDERED that the referees so designated shall hear and report to this Court, after a trial conducted in the same manner as a court trying an issue without a jury, whether the proposed annexation of certain lands to the City of Jamestown is in the overall public interest.

Entered: June 25, 2018

Mark W. Bennett, Clerk