| Citizens Against Kinsella Quarry Expansion v Town of Manlius |
| 2004 NY Slip Op 09895 [13 AD3d 1234] |
| Decided on December 30, 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 December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE, SMITH, AND HAYES, JJ.
1600 CA 04-01162
[*1]CITIZENS AGAINST THE KINSELLA QUARRY EXPANSION, THE CHANGING SEASONS HOMEOWNERS ASSOCIATION, MARK D. WATERMAN, WILLIAM BEACH, JACK WOLF, MARC RIDEOUT, KEVIN MADIGAN, NANDA WEEKS, ROGER PARK-CUNNINGHAM, DAVID SMITH AND ALAN BIRNBAUM, PLAINTIFFS-RESPONDENTS, ORDER
v
TOWN OF MANLIUS, HENRY L. CHAPMAN, SUPERVISOR OF TOWN OF MANLIUS, JOHN S. CURTIS, KEVIN A. HOLMQUIST, JOHN L. LOEFFLER, NICHOLAS MARZOLA AND SANDRA A. SHEPP, CONSTITUTING THE TOWN BOARD OF TOWN OF MANLIUS, AND T.H. KINSELLA, INC., DEFENDANTS-APPELLANTS.
Appeals from an order of the Supreme Court, Onondaga County (Edward D. Carni, J.), entered August 18, 2003 in a declaratory judgment action. The order denied the motions of defendants to dismiss the amended complaint.
HISCOCK & BARCLAY, LLP, SYRACUSE (ALAN R. PETERMAN OF COUNSEL), FOR DEFENDANTS-APPELLANTS TOWN OF MANLIUS, HENRY L. CHAPMAN, SUPERVISOR
OF TOWN OF MANLIUS, JOHN S. CURTIS, KEVIN A. HOLMQUIST, JOHN L. LOEFFLER, NICHOLAS MARZOLA AND SANDRA A. SHEPP, CONSTITUTING THE TOWN BOARD OF TOWN OF MANLIUS.
BOND, SCHOENECK & KING, PLLC, SYRACUSE (H. DEAN HEBERLIG, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT T.H. KINSELLA, INC.
BARRY M. SCHREIBMAN, CAZENOVIA, FOR PLAINTIFFS-RESPONDENTS.
Now, upon the stipulation discontinuing action signed by the attorneys for the parties on November 16, 17 and 19, 2004 and filed in the Onondaga County Clerk's Office on November 19, 2004,
It is hereby ORDERED that said appeals be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court