Matter of Walgreens v Board of Assessment Review
2012 NY Slip Op 03055 [94 AD3d 1479]
April 20, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


In the Matter of Walgreens, Appellant, v Board of Assessment Review of Town of Irondequoit et al., Respondents.

—[*1] Stavitsky & Associates LLC, Clifton, New Jersey (Bruce J. Stavitsky of counsel), for petitioner-appellant.

Davidson Fink LLP, Rochester (Thomas A. Fink of counsel), for respondents-respondents.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered November 16, 2010. The order granted the motion of respondents to preclude petitioner from submitting trial-ready appraisals and from offering expert testimony on the value of the subject property.

Now, upon the judgment and order of Supreme Court, Monroe County, entered March 2, 2012, approving the settlement agreement signed by the attorneys for the parties on January 26, 2012 and February 15, 2012, discontinuing the proceedings,

It is hereby ordered that said appeal is dismissed without costs upon stipulation.

All concur except Green, J., who is not participating. Present—Smith, J.P., Peradotto, Lindley and Martoche, JJ.