SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 5, 2009
THE NIAGARA VENTURE, PLAINTIFF-APPELLANT,
NIAGARA FALLS URBAN RENEWAL AGENCY, CITY OF NIAGARA FALLS, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (ACTION NO. 1.)
DINO DICIENZO AND INTERTRUST DEVELOPMENT, INC., PLAINTIFFS-RESPONDENTS,
NIAGARA FALLS URBAN RENEWAL AGENCY, DEFENDANT-RESPONDENT. (ACTION NO. 2.) (APPEAL NO. 3.)
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered June 23, 2008. The order denied the motion of The Niagara Venture for leave to reargue or renew the denial of its motion to consolidate action Nos. 1 and 2.
PRESENT: CENTRA, J.P., PERADOTTO, PINE, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same Memorandum as in DiCienzo v Niagara Falls Urban Renewal Agency ([appeal No. 1] ___ AD3d ___ [June 5, 2009]).
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