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MATTER OF UPTOWN HOLDINGS, LLC v. CITY OF NEW YORK

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16 N.Y.3d 764 (2011)

In the Matter of UPTOWN HOLDINGS, LLC, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Court of Appeals of New York.

Decided February 17, 2011.

Attorney(s) appearing for the Case

Feerick Lynch MacCartney, PLLC, South Nyack ( J. David MacCartney, Jr. , of counsel), for appellants.

Michael A. Cardozo , Corporation Counsel, New York City ( Fred Kolikoff of counsel), for respondents.

Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES. Judge SMITH concurs in an opinion.

OPINION OF THE COURT

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.

SMITH, J. (concurring).

I agree that no substantial constitutional issue is presented, because, as the concurring opinion in the Appellate Division points out, this case is controlled by Matter of Goldstein v New York State Urban...

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