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MATTER OF HUNTLEY POWER, LLC v. TOWN OF TONAWANDA

33 OP 22-01275.

217 A.D.3d 1325 (2023)

189 N.Y.S.3d 352

2023 NY Slip Op 03088

In the Matter of Huntley Power, LLC, Petitioner, v. Town of Tonawanda, Respondent. (Proceeding No. 1.).

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

BARCLAY DAMON LLP, ROCHESTER ( MARK R. McNAMARA of counsel), FOR PETITIONER.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( MARC A. ROMANOWSKI OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Lindley, Curran, Bannister and Montour, JJ.

Proceeding pursuant to Eminent Domain Procedure Law § 207 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department) to review the determination of respondent. The determination approved the condemnation of certain real property.

It is hereby ordered that the proceeding is unanimously dismissed without costs.

Same memorandum as in Matter of Huntley Power, LLC v Town of Tonawanda ([proceeding No. 2] 217 A.D.3d 1325...

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