IN THE MATTER OF THE APPLICATION UNDER ARTICLE 7 OF THE REAL PROPERTY LAW BY NFR GATEWAY, LLC (NABISCO) V CITY OF
Motion No: CA 19-01950
Slip Opinion No: 2019 NY Slip Op 86640(U)
Decided on December 16, 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.


December 16, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 19-01950

IN THE MATTER OF THE APPLICATION UNDER ARTICLE 7 OF

THE REAL PROPERTY LAW BY NFR GATEWAY, LLC (NABISCO),

PETITIONER-RESPONDENT,

V

CITY OF NIAGARA FALLS AND COUNTY OF NIAGARA,

RESPONDENTS-APPELLANTS.



ASSESSOR OF CITY OF NIAGARA FALLS, BOARD OF ASSESSMENT

REVIEW OF CITY OF NIAGARA FALLS, CITY SCHOOL DISTRICT

OF CITY OF NIAGARA FALLS, APPELLANTS.


Appellant County of Niagara having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Niagara County, entered March 20, 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 granted on the condition that the appeal is perfected on or before February 14, 2020.

Entered: December 16, 2019

Mark W. Bennett

Clerk of the Court