| Matter of Spittler v Town of Hamburg |
| 2004 NY Slip Op 05089 [8 AD3d 1133] |
| Decided on June 14, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER, AND KEHOE, JJ.
923 OP 03-02631
[*1]MATTER OF DONALD J. SPITTLER, JR., PETITIONER, ORDER
v
TOWN OF HAMBURG, RESPONDENT.
Proceeding initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to section 207 of the Eminent Domain Procedure Law to review a determination of respondent. The determination condemned a portion of petitioner's real property.
DONALD H. MICHALAK, FREDONIA, FOR PETITIONER.
GREINER & CHADSEY, LLP, WILLIAMSVILLE (DEBORAH J. CHADSEY OF COUNSEL), FOR RESPONDENT.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 13, 2004,
It is hereby ORDERED that said proceeding be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court