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IN THE MATTER OF HUMANE SOCY. OF UNITED STATES v. EMPIRE STATE DEV. CORP.

504252.

2008 NY Slip Op 06495

IN THE MATTER OF HUMANE SOCIETY OF THE UNITED STATES ET AL., Appellants, v. EMPIRE STATE DEVELOPMENT CORPORATION ET AL., Respondents.

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

Decided July 31, 2008.

Attorney(s) appearing for the Case

Law Office of Marc S. Gerstman, Albany (Peter A. Brandt of Humane Society of the United States, Washington, D.C., pro hac vice), for appellants.

Andrew M. Cuomo, Attorney General, Albany (Owen Demuth of counsel), for Empire State Development Corporation and another, respondents.

David Lenefsky, New York City, for HVFG, LLC, respondent.

Before: Mercure, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

MERCURE, J.P.

Respondent HVFG, LLC, doing business as Hudson Valley Foie Gras, produces foie gras and other products at its Sullivan County farms. In February 2006, HVFG applied for funding from respondent Empire State Development Corporation (hereinafter ESDC) to permit construction of manure treatment plants, conversion of ventilation systems in six facility buildings, the purchase of equipment, expansion of its operations and compliance...

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