*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 584

CA 10-02303

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ. IN THE MATTER OF NIAGARA MOHAWK POWER

CORPORATION, DOING BUSINESS AS NATIONAL

GRID, PETITIONER-APPELLANT,

V ORDER TOWN OF NIAGARA ASSESSOR, TOWN OF NIAGARA

BOARD OF ASSESSMENT REVIEW, TOWN OF NIAGARA

AND COUNTY OF NIAGARA, RESPONDENTS-RESPONDENTS. HISCOCK & BARCLAY, LLP, ALBANY (MARK D. LANSING OF COUNSEL), FOR PETITIONER-APPELLANT.

HODGSON RUSS LLP, BUFFALO (MICHAEL B. RISMAN OF COUNSEL), FOR RESPONDENTS-RESPONDENTS. Appeal from a judgment of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered February 3, 2010 in proceedings pursuant to CPLR article 78 and RPTL article 7. The judgment denied the petitions and awarded respondents statutory costs.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: April 29, 2011 Patricia L. Morgan

Clerk of the Court