IN RE: H.H. WARNER (2011)

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

IN RE: H.H. WARNER, LLC, PETITIONER, v. ROCHESTER GENESEE REGIONAL TRANSPORTATION AUTHORITY, RESPONDENT.

OP 11–01202

Decided: September 30, 2011

PRESENT: CENTRA, J.P., FAHEY, SCONIERS, GREEN, AND MARTOCHE, JJ.

HISCOCK & BARCLAY, LLP, ROCHESTER (JAMES S. GROSSMAN OF COUNSEL), FOR PETITIONER. BOND, SCHOENECK & KING, PLLC, ROCHESTER (KATHLEEN M. BENNETT OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

Patricia L. Morgan

Clerk of the Court

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