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In re City of Syracuse Industrial Development Agency

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


December 30, 2009

IN THE MATTER OF CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL CENTER DRIVE (LOT 11K), SBL NO. ORDER 114-02-05.6, AND 304 HIAWATHA BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS DESTINY USA. LORD & TAYLOR CAROUSEL, INC., APPELLANT. (PROCEEDING NO. 1.)
IN THE MATTER OF CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL CENTER DRIVE (LOT 11K), SBL NO. ORDER 114-02-05.6, AND 304 HIAWATHA BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS DESTINY USA. KAUFMANN'S CAROUSEL, INC., APPELLANT. (PROCEEDING NO. 2.) (APPEAL NO. 4.)

Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered December 23, 2008. The order and judgment, among other things, granted the motion of Carousel Center Company, L.P., joined by petitioner, to release a previously posted undertaking.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 10, 2010

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

Present--Smith, J.P., Peradotto, Green, Pine and Gorski, JJ.

20091230

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