Matter of City of Jamestown v Town Council of Town of Ellicott, 2019 NY Slip Op 06288 [175 AD3d 975]

August 22, 2019

Appellate Division, Fourth Department

[*1]

In the Matter of City of Jamestown, Petitioner,

v

Town Council of Town of Ellicott et al., Respondents. (Proceeding No. 2.)

Bond Schoeneck & King, PLLC, Syracuse (Stephanie M. Campbell of counsel), for petitioner.

Harris Beach PLLC, Buffalo (Pietra G. Zaffram of counsel), for respondents.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Chautauqua County [Frank A. Sedita, III, J.], entered December 15, 2017) to review determinations of respondents. The determinations found that the annexation petition of the City of Jamestown did not comply with statutory requirements.

It is hereby ordered that said petition is unanimously dismissed without costs.

Same memorandum as in Matter of City Council of City of Jamestown v Town Council of Town of Ellicott ([proceeding No. 1] 175 AD3d 974 [4th Dept 2019]). Present—Whalen, P.J., Smith, Carni, Curran and Troutman, JJ..