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CDL W 45TH ST. v. DEPT OF FIN

308 A.D.2d 210 (2003)

762 N.Y.S.2d 593

In the Matter of CDL WEST 45TH STREET LLC, Appellant, v. CITY OF NEW YORK DEPARTMENT OF FINANCE et al., Respondents.

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

June 17, 2003.

Attorney(s) appearing for the Case

Charles G. Moerdler of counsel (Donald Liebman, David Goldstein and Stanley Parness on the brief; Stroock & Stroock & Lavan LLP, attorneys), for appellant.

Anilkumar R. Avutu of counsel (Rita D. Dumain and Carl A. Laske on the brief; Michael A. Cardozo, Corporation Counsel, New York City, attorney), for respondents.

MAZZARELLI, J.P., LERNER, FRIEDMAN and GONZALEZ, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This is an appeal from the dismissal of a CPLR article 78 challenge to the denial of petitioner's application for real property tax benefits under the Industrial and Commercial Incentive Program (ICIP), a real property tax incentive program created by the New York State Legislature and codified as Real Property Tax Law § 489-aaaa et seq. The purpose of this program is to encourage the renovation and expansion...

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