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MATTER OF SETTCO, LLC v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION

305 A.D.2d 1026 (2003)

759 N.Y.S.2d 833

In the Matter of SETTCO, LLC, Petitioner, v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, et al., Respondents.

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

Decided May 2, 2003.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum:

Petitioner commenced this original proceeding pursuant to EDPL 207 seeking review of respondents' determination and findings that a "public use, benefit or purpose" (EDPL 204 [B] [1]) will be served by the proposed acquisition of petitioner's property in downtown Niagara Falls for the site of a new convention...

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