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MATTER OF SYRACUSE IDA (ALTERM, INC.)

20 A.D.3d 168 (2005)

796 N.Y.S.2d 503

In the Matter of CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, Appellant-Respondent, Relative to Acquiring Title to Real Property in the CITY OF SYRACUSE for a Project Known as CAROUSEL LANDING. ALTERM, INC., et al., Respondents-Appellants. (Appeal No. 3.)

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

June 10, 2005.

Attorney(s) appearing for the Case

Hiscock & Barclay, LLP, Buffalo (Mark R. McNamara of counsel), for appellant-respondent.

Law Offices of Robert A. Gladstone, Belle Mead, New Jersey (Robert A. Gladstone of the New Jersey Bar, admitted pro hac vice, of counsel), for respondents-appellants.

GORSKI, SMITH, PINE and LAWTON, JJ., concur.

OPINION OF THE COURT

PIGOTT, JR., P.J.

In this EDPL article 5 proceeding, petitioner appeals and respondents cross-appeal from a judgment that resulted in a valuation of $498,220 for respondents' property in the "Oil City" area of the City of Syracuse (City). We must decide, inter alia, whether Supreme Court properly valued the property as if its highest and best use is commercial, rather than industrial...

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