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IN THE MATTER OF McCARTNEY v. DORMITORY AUTHORITY OF STATE OF NEW YORK

5 A.D.3d 1090 (2004)

773 N.Y.S.2d 709

In the Matter of SUSAN McCARTNEY, Individually and as Chairman of Preservation of Coalition of Erie County, Inc., et al., Respondents, v. DORMITORY AUTHORITY OF STATE OF NEW YORK et al., Appellants.

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

March 19, 2004.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

Supreme Court erred in granting the petition pursuant to CPLR article 78 seeking to compel respondents to file with the court, and then to execute, a plan to maintain the H.H. Richardson Complex (complex) for purposes of restoration and preservation. The complex is comprised of a group of...

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