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EBERT v. OFFICE OF PARKS

119 A.D.2d 62 (1986)

In the Matter of Barbara Ebert et al., Respondents-Appellants, v. New York State Office of Parks, Recreation & Historic Preservation, Respondent, and State University of New York/State University Construction Fund, Appellant-Respondent City of Ithaca, Respondent, v. State University Construction Fund, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 31, 1986

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Joel F. Spitzer of counsel), for appellant-respondent.

Allen, Lippes & Shonn (Richard J. Lippes of counsel), and Peter Henner for respondents-appellants.

Ralph W. Nash for City of Ithaca, respondent.

MAHONEY, P. J., KANE, MIKOLL and LEVINE, JJ., concur.

CASEY, J.

We hold that the State University Construction Fund (Fund) is not required to comply with a local historical preservation ordinance before it can demolish an existing structure on a State college campus as part of a construction project.

In 1982, the trustees of Cornell University submitted a proposal for the demolition of Stone Hall, a building owned by the State and formerly used by the State...

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