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ALBANY FOUND. v. FISHER

209 A.D.2d 135 (1995)

In the Matter of Historic Albany Foundation, Inc., Appellant, v. Burton Fisher et al., Respondents

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

April 20, 1995

Attorney(s) appearing for the Case

Duker & Barrett, Albany (George F. Carpinello; Whiteman, Osterman & Hanna [Jeffrey Baker], of counsel), for appellant.

Cade & Saunders, P. C., Albany (William Cade of counsel), for Burton Fisher, respondent.

Vincent J. McArdle, Jr., Corporation Counsel of City of Albany (Thomas A. Shepardson of counsel), for Michael Haydock, respondent.

CARDONA, P. J., MERCURE, WHITE and SPAIN, JJ., concur.

CASEY, J.

The buildings at 472-478 Broadway in the City of Albany have been vacant and neglected for years. The owner of the buildings, respondent Burton Fisher, after considering alternatives, applied for and obtained a demolition permit from respondent City of Albany Building Commissioner on the basis that the condition of the buildings created an emergency situation. The City Fire Department issued a directive...

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