NIAGARA MOHAWK POWER CORP. v. TOWN OF NIAGARA ASSESSOR

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 10-02303 PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

IN THE MATTER OF NIAGARA MOHAWK POWER CORPORATION, DOING BUSINESS AS NATIONAL GRID, PETITIONER-APPELLANT, V ORDER TOWN OF NIAGARA ASSESSOR, TOWN OF NIAGARA BOARD OF ASSESSMENT REVIEW, TOWN OF NIAGARA AND COUNTY OF NIAGARA, RESPONDENTS-RESPONDENTS.

HISCOCK & BARCLAY, LLP, ALBANY (MARK D. LANSING OF COUNSEL), FOR PETITIONER-APPELLANT.

HODGSON RUSS LLP, BUFFALO (MICHAEL B. RISMAN OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from a judgment of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered February 3, 2010 in proceedings pursuant to CPLR article 78 and RPTL article 7. The judgment denied the petitions and awarded respondents statutory costs.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: April 29, 2011 Patricia L. Morgan Clerk of the Court