| Matter of Excelsior v Assessor of the Town of Amherst |
| 2014 NY Slip Op 07818 [122 AD3d 1297] |
| November 14, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Excelsior, Respondent, v Assessor of the Town of Amherst et al., Respondents, and Amherst Central School District, Intervenor-Appellant. |
Hodgson Russ LLP, Buffalo (Joshua Feinstein of counsel), for Intervenor-appellant.
Wolfgang & Weinmann, LLP, Buffalo (Peter Allen Weinmann of counsel), for petitioner-respondent.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered December 3, 2013 in a proceeding pursuant to RPTL article 7. The order, inter alia, denied the motion of the Amherst Central School District to dismiss the petition.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 16 and 17, 2014, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Centra, Lindley, Sconiers and DeJoseph, JJ.