IN RE: PENNEY PROPERTY SUB HOLDINGS LLC (2024)

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

IN RE: PENNEY PROPERTY SUB HOLDINGS LLC, PETITIONER, v. TOWN OF AMHERST, RESPONDENT.

454 Decided: June 14, 2024

PRESENT: WHALEN, P.J., LINDLEY, DELCONTE, KEANE, AND HANNAH, JJ.

HARTER SECREST & EMERY LLP, ROCHESTER (MEGAN K. DORRITIE OF COUNSEL), FOR PETITIONER. HODGSON RUSS LLP, BUFFALO (DANIEL A. SPITZER OF COUNSEL), FOR RESPONDENT.

ORDER

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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