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ORCHARD GLEN v. ERIE IDA

303 A.D.2d 49 (2003)

755 N.Y.S.2d 159

In the Matter of ORCHARD GLEN RESIDENCES AND CARRIAGE HOMES, L.L.C., et al., Appellants, v. ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY et al., Respondents.

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

February 7, 2003.

Attorney(s) appearing for the Case

Arthur J. Giacalone, East Aurora, for appellants.

Hurwitz & Fine, P.C., Buffalo (Dan D. Kohane of counsel), for Erie County Industrial Development Agency, respondent.

Blair & Roach, LLP, Tonawanda (Larry Kerman of counsel), for Presbyterian Homes of Western New York, Inc., respondent.

GREEN, J.P., WISNER, KEHOE and GORSKI, JJ., concur.

OPINION OF THE COURT

SCUDDER, J.

Petitioners appeal from a judgment dismissing their petition pursuant to CPLR article 78 seeking, inter alia, to annul the determination of respondent Erie County Industrial Development Agency (ECIDA) that the total cost of the retirement community project for which respondent Presbyterian Homes of Western New York, Inc. (PHWNY) sought financial assistance did not exceed the statutory limit of $20 million (see General...

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