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MATTER OF AUGUSTINE v. ERIE COUNTY INDUS. DEV. AGENCY

247 A.D.2d 827 (1998)

668 N.Y.S.2d 516

In the Matter of Richard Augustine et al., Respondents, v. Erie County Industrial Development Agency, Appellant

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

February 4, 1998

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of respondent's cross motion seeking to dismiss the petition brought by the school district petitioners. In light of the court's determination that this CPLR article 78 proceeding is premature because respondent has not rendered a final determination on the reconveyance...

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