MATTER OF SOUTHWINDS RETIREMENT HOME, INC. v. CITY OF MIDDLETOWN

2009-06660.

74 A.D.3d 1085 (2010)

903 N.Y.S.2d 138

In the Matter of SOUTHWINDS RETIREMENT HOME, INC., Respondent, v. CITY OF MIDDLETOWN et al., Appellants.

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

Decided June 15, 2010.


Ordered that the order is affirmed insofar as appealed from, with costs.

The petitioner is a not-for-profit corporation which provides support programs for families with dependent care needs. It owns certain real property in the City of Middletown on which it operates a residential adult care facility. Across the street, it owns another parcel, upon which there is an approximately 20,000-square-foot building (hereinafter the subject premises), which previously housed...

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