Matter of GLR Holdings, LP. v Williams
2007 NY Slip Op 04949 [41 AD3d 1209]
June 8, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


In the Matter of GLR Holdings, LP, et al., Respondents, v Harry E. Williams, as Assessor of the Town of Amherst, et al., Appellants, and Sweet Home Central School District of Amherst and Tonawanda, Intervenor-Respondent-Appellant. (Appeal No. 2.)

[*1] Phillips Lytle LLP, Buffalo (Marc W. Brown of counsel), for respondents-appellants.

Wolfgang & Weinmann, Buffalo (Peter Allen Weinmann of counsel), for petitioners-respondents.

Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (John K. Rottaris of counsel), for intervenor-respondent-appellant.

Appeals from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered March 21, 2006 in a proceeding pursuant to Real Property Tax Law article 7 to review a real property tax assessment. The order denied the motion of respondents and the cross motion of intervenor to dismiss the petition.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion and cross motion are granted and the petition is dismissed.

Same memorandum as in Matter of Gelber Enters., LLC v Williams (41 AD3d 1207 [2007]). Present—Hurlbutt, J.P., Centra, Fahey, Peradotto and Pine, JJ.