Matter of Smith v City of Niagara Falls
2007 NY Slip Op 10298 [46 AD3d 1423]
December 21, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


In the Matter of Kenneth Smith, Petitioner, v City of Niagara Falls, Respondent.

—[*1] Bartolomei & Associates, Niagara Falls (John P. Bartolomei of counsel), for petitioner.

Boylan, Brown, Code, Vigdor & Wilson, LLP, Rochester (Sheila M. Chalifoux of counsel), for respondent.

Proceeding pursuant to EDPL 207 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department) to annul a determination of respondent to condemn petitioner's property.

Now, upon reading and filing the stipulation to discontinue the proceeding signed by the attorneys for the parties on October 25, 2007,

It is hereby ordered that said proceeding be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Gorski, J.P., Martoche, Lunn, Fahey and Pine, JJ.