| UP STATE TOWER CO., LLC, AND BUFFALO-LAKE ERIE WIRELESS SYSTEMS CO., LLC V TOWN OF AMHERST AND TOWN OF AMHERST ZONING |
| Motion No: CA 20-00756 |
| Slip Opinion No: 2021 NY Slip Op 60406(U) |
| Decided on January 12, 2021 |
| 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.
CA 20-00756
| UP STATE TOWER CO., LLC, AND BUFFALO-LAKE ERIE
WIRELESS SYSTEMS CO., LLC, PLAINTIFFS-APPELLANTS, V TOWN OF AMHERST AND TOWN OF AMHERST ZONING BOARD
OF APPEALS, DEFENDANTS-RESPONDENTS, COLLEEN M. BOGDAN, JOSEPH KLIMEK, DENISE KLIMEK, MICHAEL WHEELER
AND CATHY WHEELER, INTERVENORS-RESPONDENTS. |
An appeal having been taken herein from an order of the Supreme Court, Erie County, entered May 29, 2020,
Now, upon reading and filing the stipulation of discontinuance signed by Corey A. Auerbach, Esq., Joanne A. Schultz, Esq., and Richard Berger, Esq.,
It is hereby ORDERED that the appeal is dismissed without costs upon stipulation.
Entered: January 12, 2021
Mark W. Bennett
Clerk of the Court