MATTER OF NIAGARA MOHAWK POWER CORP. v. TOWN OF TONAWANDA ASSESSOR


233 A.D.2d 920 (1996)

649 N.Y.S.2d 871

In the Matter of Niagara Mohawk Power Corporation, Appellant, v. Town of Tonawanda Assessor et al., Respondents. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 8, 1996


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted respondents' motion to settle the record on appeal and did not improperly limit the record on respondents' appeals. The contention of petitioner that the court erred in denying its cross motion to resettle a prior order by failing to include certain case law has not been preserved for our review. We note, in any event, that "an order denying a motion to resettle a substantive...

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