Matter of Quail Summit, Inc. v Town of Canandaigua
2008 NY Slip Op 07333 [55 AD3d 1297]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


In the Matter of Quail Summit, Inc., Appellant, v Town of Canandaigua et al., Respondents, and Canandaigua City School District et al., Intervenors-Respondents. (Appeal No. 2.)

—[*1] Green & Seifter, Attorneys, PLLC, Syracuse (Robert K. Weiler of counsel), for petitioner-appellant.

Hiscock & Barclay, LLP, Rochester (James S. Grossman of counsel), for respondents-respondents and intervenors-respondents.

Appeal from an order of the Supreme Court, Ontario County (Kenneth R. Fisher, J.), entered March 15, 2007 in a proceeding pursuant to RPTL article 7. The order, among other things, denied petitioner's motion to settle the order in appeal No. 1.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Quail Summit, Inc. v Town of Canandaigua (55 AD3d 1295 [2008]). Present—Hurlbutt, J.P., Smith, Centra, Fahey and Gorski, JJ.