IN THE MATTER OF LEVEL 3 COMMUNICATIONS, LLC, V CHAUTAUQUA COUNTY, CITY OF DUNKIRK, TOWN OF DUNKIRK, TOWN OF PORTLAND
Motion No: 568-19
Slip Opinion No: 2019 NY Slip Op 84111(U)
Decided on November 8, 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.


November 8, 2019

PRESENT: WHALEN, P.J., SMITH, CARNI, CURRAN, AND TROUTMAN, JJ.

MOTION NO. 568-19
CA 18-01575

IN THE MATTER OF LEVEL 3 COMMUNICATIONS, LLC,

PETITIONER-PLAINTIFF-APPELLANT,

V

CHAUTAUQUA COUNTY, CITY OF DUNKIRK, TOWN OF DUNKIRK,

TOWN OF PORTLAND, TOWN OF RIPLEY, TOWN OF WESTFIELD,

VILLAGE OF BROCTON, VILLAGE OF WESTFIELD, DUNKIRK CITY

SCHOOL DISTRICT, BROCTON CENTRAL 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 July 31, 2019,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: November 8, 2019

Mark W. Bennett

Clerk of the Court