| LEVEL 3 COMMUNICATIONS, LLC, BROADWING COMMUNICATIONS, LLC, GLOBAL CROSSING NORTH AMERICA, INC., AND GLOBAL CROSSING |
| Motion No: CA 18-01598 |
| Slip Opinion No: 2019 NY Slip Op 62777(U) |
| Decided on January 7, 2019 |
| 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. CA 18-01598
| LEVEL 3 COMMUNICATIONS, LLC, BROADWING COMMUNICATIONS, LLC,
GLOBAL CROSSING NORTH AMERICA, INC., AND GLOBAL CROSSING TELECOMMUNICATIONS, INC., PETITIONERS-RESPONDENTS-APPELLANTS,
V ERIE COUNTY, CITY OF BUFFALO, CITY OF LACKAWANNA, LAKE SHORE CENTRAL SCHOOL DISTRICT AND NORTH COLLINS CENTRAL SCHOOL
DISTRICT, RESPONDENTS-APPELLANTS-RESPONDENTS, CITY OF LACKAWANNA CENTRAL SCHOOL DISTRICT,
RESPONDENT-RESPONDENT. |
City of Lackawana having moved to vacate the dismissal of the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 8, 2018,
Now, upon reading and filing the affidavit of Antonio Savaglio, Esq., sworn to December 21, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the brief received from the City of Lackawana is accepted for filing.
Entered: January 7, 2019
Mark W. Bennett, Clerk