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MATTER OF H.H. WARNER, LLC v. ROCHESTER GENESEE REGIONAL TRANSPORTATION AUTHORITY

OP 11-01202.

87 A.D.3d 1388 (2011)

930 N.Y.S.2d 131

2011 NY Slip Op 6788

In the Matter of H.H. WARNER, LLC, Petitioner, v. ROCHESTER GENESEE REGIONAL TRANSPORTATION AUTHORITY, Respondent.

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

Decided September 30, 2011.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this proceeding pursuant to EDPL 207 seeking to annul the determination to condemn three of its parcels in downtown Rochester, which are currently parking lots, for use as a regional and intercity bus transit center. Petitioner challenges only whether, pursuant to EDPL 207 (C) (3), respondent's determination and findings...

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