Opinion
CA 06-01473.
September 29, 2006.
Appeal from an order of the Supreme Court, Onondaga County (John V. Centra, J.), entered May 12, 2006 in a proceeding pursuant to EDPL article 4. The order, among other things, denied the motion of respondent Kaufmann's Carousel, Inc. to dismiss the petition, granted the petition and authorized petitioner to acquire by condemnation certain Carousel Center interests of that respondent.
HARRIS BEACH PLLC, PITTSFORD (DOUGLAS A. FOSS OF COUNSEL), FOR RESPONDENT-APPELLANT.
HISCOCK BARCLAY, LLP, BUFFALO (MARK R. MC NAMARA OF COUNSEL), FOR PETITIONER-RESPONDENT.
Present — Hurlbutt, J.P., Scudder, Gorski and Green, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs ( see Matter of Eric D. [appeal No. 1], 162 AD2d 1051).