Appellate Division of the Supreme Court of New York, 2024

Matter of Penney Prop. Sub Holdings LLC v. Town of Amherst

Matter of Penney Prop. Sub Holdings LLC v. Town of Amherst
Appellate Division of the Supreme Court of New York · Decided June 14, 2024
2024 NY Slip Op 03299
Matter of Penney Prop. Sub Holdings LLC v. Town of Amherst

Opinion

Matter of Penney Prop. Sub Holdings LLC v Town of Amherst (2024 NY Slip Op 03299)
Matter of Penney Prop. Sub Holdings LLC v Town of Amherst
2024 NY Slip Op 03299
Decided on June 14, 2024
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 14, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., LINDLEY, DELCONTE, KEANE, AND HANNAH, JJ.

454 OP 23-02166

[*1]IN THE MATTER OF PENNEY PROPERTY SUB HOLDINGS LLC, PETITIONER,

v

TOWN OF AMHERST, RESPONDENT.




HARTER SECREST & EMERY LLP, ROCHESTER (MEGAN K. DORRITIE OF COUNSEL), FOR PETITIONER.

HODGSON RUSS LLP, BUFFALO (DANIEL A. SPITZER OF COUNSEL), FOR RESPONDENT.



Proceeding pursuant to EDPL 207 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department) to review a determination of respondent. The determination acquired certain property of petitioner by eminent domain.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 20, 2024,

It is hereby ORDERED that said proceeding is unanimously dismissed without costs upon stipulation.

Entered: June 14, 2024

Ann Dillon Flynn

Clerk of the Court



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