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MATTER OF ARCELORMITTAL LACKAWANNA LLC v. CITY OF LACKAWANNA

1021 CA 08-01826.

66 A.D.3d 1365 (2009)

885 N.Y.S.2d 675

2009 NY Slip Op 6921

In the Matter of ARCELORMITTAL LACKAWANNA LLC et al., Respondents, v. CITY OF LACKAWANNA, Respondent, and CITY OF LACKAWANNA SCHOOL DISTRICT, Intervenor-Respondent. COUNTY OF ERIE, Proposed Intervenor-Respondent-Appellant.

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

Decided October 2, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied the motion of proposed intervenor, County of Erie (County), seeking to intervene in an RPTL article 7 proceeding in which petitioners challenged the tax assessment for certain commercial property. The motion was untimely, in light of the fact that the County was aware that petitioners had commenced seven prior consolidated RPTL article...

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