| Matter of Huntley Power, LLC v Town of Tonawanda |
| 2023 NY Slip Op 03088 [217 AD3d 1325] |
| June 9, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Huntley Power, LLC,
Petitioner, v Town of Tonawanda, Respondent. (Proceeding No. 1.) |
Barclay Damon LLP, Rochester (Mark R. McNamara of counsel), for petitioner.
Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (Marc A. Romanowski of counsel), for respondent.
Proceeding pursuant to Eminent Domain Procedure Law § 207 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department) to review the determination of respondent. The determination approved the condemnation of certain real property.
It is hereby ordered that the proceeding is unanimously dismissed without costs.
Same memorandum as in Matter of Huntley Power, LLC v Town of Tonawanda ([proceeding No. 2] 217 AD3d 1325 [4th Dept, June 9, 2023]). Present—Smith, J.P., Lindley, Curran, Bannister and Montour, JJ.