Matter of DP Fuller Family LP v City of Canandaigua
2022 NY Slip Op 04498 [207 AD3d 1228] [207 AD3d 1228]
July 8, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 31, 2022


[*1]
 In the Matter of DP Fuller Family LP, Appellant,
v
City of Canandaigua et al., Respondents, et al., Respondent. (Appeal No. 2.)

Biersdorf & Associates, P.A., Minneapolis, Minnesota (Ryan R. Simatic of counsel), for petitioner-appellant.

Boylan Code, LLP, Rochester (J. Michael Wood of counsel), for respondents-respondents.

Appeal from an order and judgment (one paper) of the Supreme Court, Ontario County (Gail Donofrio, J.), entered December 8, 2020, in a proceeding pursuant to RPTL article 7. The order and judgment, inter alia, granted the motion of respondents City of Canandaigua and Board of Assessment Review for the City of Canandaigua to dismiss the petition and dismissed the petition.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of DP Fuller Family LP v City of Canandaigua ([appeal No. 1] 207 AD3d 1220 [4th Dept 2022]). Present—Whalen, P.J., Smith, Peradotto and Winslow, JJ.