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MATTER OF SYRACUSE UNIVERSITY v. PROJECT ORANGE ASSOCIATES SERVICES CORPORATION

OP 09-01732.

71 A.D.3d 1432 (2010)

897 N.Y.S.2d 335

In the Matter of SYRACUSE UNIVERSITY, Petitioner, v. PROJECT ORANGE ASSOCIATES SERVICES CORPORATION, Respondent.

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

Decided March 19, 2010.

It is hereby ordered that the determination is unanimously annulled on the law without costs and the petition is granted.

Memorandum: Petitioner, Syracuse University (SU), commenced this original proceeding pursuant to EDPL 207 seeking to annul the determination of respondent, Project Orange Associates Services Corporation (POASC), authorizing the condemnation of real property owned by SU on which a cogeneration facility...

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