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 76563(U)

Decided on June 28, 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 28, 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.
(PROCEEDING NO. 1.)
IN THE MATTER OF CITY OF JAMESTOWN, PETITIONER,
V
TOWN COUNCIL OF TOWN OF ELLICOTT AND BOARD OF TRUSTEES
OF VILLAGE OF FALCONER, RESPONDENTS.
(PROCEEDING NO. 2.)

Petitioners City Council of City of Jamestown and City of Jamestown having moved for an order designating three referees to conduct a hearing in proceeding No. 1, and to consolidate that proceeding with the proceeding transferred to this Court by an order of the Supreme Court, Chautauqua County, entered December 15, 2017 (proceeding No. 2),

Now, upon reading and filing the affirmation of Kathleen M. Bennett, Esq., dated June 15, 2018, the notice of motion with proof of service thereof, and the affirmation of John A. Mancuso, Esq., dated June 22, 2018, and due deliberation having been thereon,

It is hereby ORDERED that the motion is dismissed as moot as a result of this Court's order entered June 25, 2018.

Entered: June 28, 2018

Mark W. Bennett, Clerk