Matter of DDR Orchard Park, LLC v Assessor of Town of Orchard Park (2009 NY Slip Op 03339)

Matter of DDR Orchard Park, LLC v Assessor of Town of Orchard Park

2009 NY Slip Op 03339 [61 AD3d 1430]

April 24, 2009

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 10, 2009

In the Matter of DDR Orchard Park, LLC, Appellant, v Assessor of Town of Orchard Park et al., Respondents, and Orchard Park Central School District, Intervenor-Respondent.

—[*1] Gilberti Stinziano Heintz & Smith, P.C., Syracuse (Kevin G. Roe of counsel), for petitioner-appellant.

Bennett, Difilippo & Kurtzhalts, LLP, East Aurora (Joel R. Kurtzhalts of counsel), for respondents-respondents.

Hodgson Russ LLP, Buffalo (Michael B. Risman of counsel), for intervenor-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered December 21, 2007 in a proceeding pursuant to RPTL article 7. The order, insofar as appealed from, denied in part the petitions.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Hurlbutt, J.P., Martoche, Centra, Pine and Gorski, JJ.