| Matter of Greece Park Realty, LLC v Town of Greece |
| 2006 NY Slip Op 00904 [26 AD3d 902] |
| Decided on February 3, 2006 |
| 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 February 3, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, J.P., KEHOE, MARTOCHE, SMITH, AND PINE, JJ.
1575 CA 05-01220
[*1]MATTER OF GREECE PARK REALTY, LLC, PETITIONER-APPELLANT, ORDER
v
TOWN OF GREECE, ET AL., RESPONDENTS, AND ABC, LLC, RESPONDENT-RESPONDENT. (APPEAL NO. 1.)
Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Andrew V. Siracuse, J.), entered October 22, 2004. The judgment, among other things, granted the cross motion of respondent ABC, LLC to dismiss the first and third causes of action against it and to sever the breach of contract cause of action.
KNAUF SHAW LLP, ROCHESTER (ALAN J. KNAUF OF COUNSEL), FOR PETITIONER-APPELLANT.
SCHIANO LAW OFFICE, P.C., ROCHESTER (CHRISTOPHER SCHIANO OF COUNSEL), FOR RESPONDENTS TOWN OF GREECE, TOWN OF GREECE TOWN BOARD AND TOWN OF GREECE ZONING BOARD OF APPEALS.
FIX SPINDELMAN BROVITZ & GOLDMAN, P.C., FAIRPORT (NORMAN M. SPINDELMAN OF COUNSEL), FOR RESPONDENT-RESPONDENT.
SILVER & FELDMAN, ROCHESTER (SAMMY FELDMAN OF COUNSEL), FOR RESPONDENTS CHINA BUFFET OF GREECE, INC. AND PETER SUN.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 1, 20, and 27, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 3, 2006
JoAnn M. Wahl
Clerk of the Court