| Matter of Lmed, LLC v Fusco |
| 2004 NY Slip Op 08479 [12 AD3d 1203] |
| Decided on November 19, 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 November 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., SCUDDER, GORSKI, MARTOCHE, AND HAYES, JJ.
1395 CA 04-00865
[*1]MATTER OF LMED, LLC, PETITIONER-RESPONDENT, ORDER
v
CHRISTINE FUSCO, ASSESSOR, AND BOARD OF ASSESSMENT REVIEW OF TOWN OF LANCASTER, RESPONDENTS. ————————————————————————— LANCASTER CENTRAL SCHOOL DISTRICT, INTERVENOR-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered January 12, 2004 in a proceeding pursuant to RPTL article 7. The order denied intervenor's motion to dismiss the petition.
HODGSON RUSS LLP, BUFFALO (DANIEL ALAN SPITZER OF COUNSEL), FOR INTERVENOR-APPELLANT.
WOLFGANG & WEINMANN, BUFFALO (PETER ALLEN WEINMANN OF COUNSEL), FOR PETITIONER-RESPONDENT.
BENNETT, DI FILIPPO & KURTZHALTS, LLP, HOLLAND (RONALD P. BENNETT OF COUNSEL), FOR RESPONDENTS.
Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on October 5 and 12, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: November 19, 2004
JoAnn M. Wahl
Clerk of the Court