DiCienzo v Niagara Falls Urban Renewal Agency
2009 NY Slip Op 04649 [63 AD3d 1664]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


Dino DiCienzo et al., Respondents, v Niagara Falls Urban Renewal Agency, Respondent. The Niagara Venture, Appellant. (Appeal No. 2.)

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

Phillips Lytle LLP, Buffalo (Cynthia L. Thompson of counsel), for plaintiffs-respondents.

Thomas M. O'Donnell, Corporation Counsel, Niagara Falls (Richard Zucco of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered June 23, 2008. The order denied the motion of The Niagara Venture for leave to reargue or renew the denial of its motion to intervene.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in DiCienzo v Niagara Falls Urban Renewal Agency (63 AD3d — [2009]). Present—Centra, J.P., Peradotto, Pine and Gorski, JJ.