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KAUFMANN'S CAROUSEL v. SIDA

301 A.D.2d 292 (2002)

750 N.Y.S.2d 212

In the Matter of KAUFMANN'S CAROUSEL, INC., et al., Petitioners, v. CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY et al., Respondents.

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

November 15, 2002.

Attorney(s) appearing for the Case

Harris Beach LLP, Pittsford (David E. Martin of counsel), for petitioners.

Hiscock Barclay Saperston & Day, Buffalo (Mark R. McNamara of counsel), for City of Syracuse Industrial Development Agency, respondent.

Rosenberg & Estis, P.C., New York City (Gary M. Rosenberg of counsel), for Carousel Center Company, L.P., respondent.

HAYES, KEHOE, BURNS and LAWTON, JJ., concur.

OPINION OF THE COURT

PIGOTT, JR., P.J.

Petitioners Kaufmann's Carousel, Inc. (Kaufmann's) and Lord & Taylor Carousel, Inc. (Lord & Taylor) jointly, and petitioner J.C. Penney Corporation, Inc. (JCPenney) (collectively, Carousel Center petitioners) commenced these original proceedings pursuant to EDPL 207 challenging the findings and determination of respondent City of Syracuse Industrial Development Agency (SIDA) insofar as SIDA authorized condemnation...

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