Matter of Inntel Mgt. Corp. v City of Canandaigua
2010 NY Slip Op 06880 [77 AD3d 1327]
October 1, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


In the Matter of Inntel Management Corporation et al., Petitioners, v City of Canandaigua et al., Respondents.

—[*1] Hiscock & Barclay, LLP, Buffalo (Mark R. McNamara of counsel), for petitioners.

Gilberti, Stinziano, Heintz & Smith P.C., Syracuse (Kevin G. Roe of counsel), for respondents.

Proceeding pursuant to EDPL 207 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b]) to annul a determination of respondents to acquire certain real property by eminent domain.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties and filed June 2, 2010,

It is hereby ordered that said proceeding is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Peradotto, Lindley, Sconiers and Gorski, JJ.