IN RE: INNTEL MANAGEMENT CORPORATION AND DANIEL HOMIK (2010)

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

IN RE: INNTEL MANAGEMENT CORPORATION AND DANIEL HOMIK, PETITIONERS, v. CITY OF CANANDAIGUA AND CITY OF CANANDAIGUA CITY COUNCIL, RESPONDENTS.

OP 10-00167

Decided: October 01, 2010

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND GORSKI, JJ.

HISCOCK & BARCLAY, LLP, BUFFALO (MARK R. MCNAMARA OF COUNSEL), FOR PETITIONERS. GILBERTI, STINZIANO, HEINTZ & SMITH P.C., SYRACUSE (KEVIN G. ROE OF COUNSEL), FOR RESPONDENTS.

ORDER

Proceeding pursuant to EDPL 207 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506[b] ) to annul a determination of respondents to acquire certain real property by eminent domain.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties and filed June 2, 2010,

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

Patricia L. Morgan

Clerk of the Court

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