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James Square Associates Lp, Mohawk Glen Associates, LLC v. Dennis Mullen

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


November 18, 2011

JAMES SQUARE ASSOCIATES LP, MOHAWK GLEN ASSOCIATES, LLC,
PIONEER FULTON SHOPPING CENTER, LLC, PIONEER MANAGEMENT GROUP, LLC,
AND WATERFRONT ASSOCIATES, LLC,
PLAINTIFFS-RESPONDENTS,
v.
DENNIS MULLEN, COMMISSIONER, NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT,
AND JAMIE WOODWARD, COMMISSIONER, NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE,
DEFENDANTS-APPELLANTS.

Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered June 22, 2010.

James Sq. Assoc. LP v Mullen

Decided on November 18, 2011

Appellate Division, Fourth Department

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: CENTRA, J.P., FAHEY, GREEN, AND GORSKI, JJ.

(APPEAL NO. 1.)

The order and judgment granted the motion of plaintiffs for summary judgment, denied the cross motion of defendants for summary judgment, declared that Section 3 of the 2009 Amendments to the Empire Zones Program is prospective only and declared that the June 29, 2009 decertification of plaintiffs, to the extent it was applied retroactively to January 1, 2008, is null and void.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985).

Entered: November 18, 2011

Patricia L. Morgan Clerk of the Court

20111118

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