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JAMES SQ. ASSOC. LP v. MULLEN

1211 CA 11-00675

91 A.D.3d 164 (2011)

933 N.Y.S.2d 485

2011 NY Slip Op 8423

JAMES SQUARE ASSOCIATES LP et al., Respondents, v. DENNIS MULLEN, Commissioner, New York State Department of Economic Development, et al., Appellants. (Appeal No. 2.)

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

Decided November 18, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Owen Demuth of counsel), for appellants.

Bond, Schoeneck & King, PLLC, Syracuse ( Jonathan B. Fellows of counsel), for respondents.

CENTRA, J.P., FAHEY and GORSKI, JJ., concur.

OPINION OF THE COURT

GREEN, J.

Plaintiffs are business enterprises that at one time were certified as eligible to receive benefits pursuant to the New York State Empire Zones Act (Empire Zones Act) (General Municipal Law § 955 et seq.). In April 2009, as part of the 2009-2010 budget legislation, the Governor signed into law amendments to the Empire Zones Act that altered certain eligibility criteria...

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