Opinion
Motion No: CA 11-00325 159.09-2-25.122 159.09-2-25.112 MOTION NO. 820 159.09-2-25.121 159.09-2-25.111 159.09-2-25.211
09-30-2011
IN THE MATTER OF THE APPLICATION OF PETITIONER/CONDEMNOR NEW YORK STATE URBAN DEVELOPMENT CORPORATION, DOING BUSINESS AS EMPIRE STATE DEVELOPMENT CORPORATION, PETITIONER-APPELLANT, TO ACQUIRE IN FEE SIMPLE CERTAIN REAL PROPERTY CURRENTLY OWNED BY FALLSITE, LLC, AND KNOWN AS: 232 SIXTH STREET, CITY OF NIAGARA FALLS 700 RAINBOW BLVD., CITY OF NIAGARA FALLS 231 SIXTH STREET, CITY OF NIAGARA FALLS 626 RAINBOW BLVD., CITY OF NIAGARA FALLS 701 FALLS STREET, CITY OF NIAGARA FALLS SITUATED IN THE COUNTY OF NIAGARA, STATE OF NEW YORK AND HAVING, RESPECTIVELY; THE FOLLOWING TAX SECTIONS, BLOCKS, AND LOTS: TOGETHER WITH ALL COMPENSABLE INTERESTS THEREIN CURRENTLY OWNED BY FALLSITE, LLC, FALLSVILLE SPLASH, LLC AND ANY OTHER CONDEMNEES WHO ARE CURRENTLY UNKNOWN. FALLSITE, LLC AND FALLSVILLE SPLASH, LLC, RESPONDENTS-RESPONDENTS.
PRESENT: , J.P., PERADOTTO, LINDLEY, AND SCONIERS, JJ.
Respondents having moved for reargument of, reconsideration of, and/or leave to appeal to the Court of Appeals from the order of this Court entered June 17, 2011,
Now, upon reading and filing the affdiavit of John A. Cirando, Esq., sworn to June 30, 2011, the notice of motion with proof of service thereof, and the affidavit of Philip G. Spellane, Esq., sworn to July 15, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Patricia L. Morgan, Clerk