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

Full title: In the Matter of WOMEN'S CENTER FOR BREAST HEALTH, Petitioner–Respondent…

Court: Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Aug 19, 2015

131 A.D.3d 808 (N.Y. App. Div. 2015)

2015 N.Y. Slip Op. 6615

14 N.Y.S.3d 925

Opinion

2015-08-19

In the Matter of WOMEN'S CENTER FOR BREAST HEALTH, Petitioner–Respondent, v. ASSESSOR, TOWN OF AMHERST, et al., Respondents. Amherst Central School District, Intervenor–Appellant.

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. 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.
Hodgson Russ LLP, Buffalo (Joshua Feinstein of Counsel), for Intervenor–Appellant. Wolfgang & Weinmann, LLP, Buffalo (Peter Allen Weinmann of Counsel), for Petitioner–Respondent.

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. SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, and DeJOSEPH, JJ., concur.