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MATTER OF NEW YORK STATE URBAN DEVELOPMENT CORPORATION

CA 11-00325.

85 A.D.3d 1723 (2011)

926 N.Y.S.2d 246

2011 NY Slip Op 5342

In the Matter of NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, Appellant, to Acquire in Fee Simple Certain Real Property Currently Owned by Fallsite, LLC and Known as 232 Sixth Street, City of Niagara Falls, and Others, Together with All Compensable Interests Therein Currently Owned by Fallsite, LLC, et al., and Any Other Condemnees Who Are Currently Unknown. FALLSITE, LLC, et al., Respondents.

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

Decided June 17, 2011.

It is hereby ordered that the order so appealed from is unanimously vacated on the law without costs and the matter is remitted to Supreme Court, Niagara County (Kloch, Sr., A.J.), for further proceedings in accordance with the following memorandum: In this condemnation proceeding, petitioner appeals from an order of Supreme Court (Boniello, III, J.) directing the parties to appear for a scheduling conference with respect to respondents' motion to vacate a stipulated vesting...

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