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MATTER OF CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY

32 A.D.3d 1339 (2006)

821 N.Y.S.2d 518

In the Matter of CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, Respondent, Relative to Acquiring Certain Interests in the Carousel Center Site for the Phased Public Project Known as DestiNY USA. CIRCUIT CITY STORES, INC., Appellant; CAROUSEL CENTER COMPANY, L.P., Respondent. (Appeal No. 9.)

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

September 29, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is affirmed without costs.

Same memorandum as in Matter of City of Syracuse Indus. Dev. Agency (J.C. Penney Corp., Inc.—Carousel Ctr. Co., L.P.) (32 A.D.3d 1332 [2006]).

All concur except Hurlbutt, J.P., who dissents and votes to reverse in accordance with the same dissenting memorandum as in Matter of City of Syracuse Indus...

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