Matter of Women's Ctr. for Breast Health v Assessor, Town of Amherst (2015 NY Slip Op 06615)

Matter of Women's Ctr. for Breast Health v Assessor, Town of Amherst

2015 NY Slip Op 06615 [131 AD3d 808]

August 19, 2015

Appellate Division, Fourth Department

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

As corrected through Wednesday, September 23, 2015

[*1]

In the Matter of Women's Center for Breast Health, Respondent,
v
Assessor, 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 July 15, 2015,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Centra, Lindley, Sconiers and DeJoseph, JJ.