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MATTER OF NEW YORK STATE URBAN DEVELOPMENT CORPORATION

CA 11-01286.

94 A.D.3d 1545 (2012)

942 N.Y.S.2d 914

2012 NY Slip Op 3329

In the Matter of NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, Respondent, Relative to Acquiring in Fee Simple Certain Real Property Currently Owned by Fallsite, LLC, and Known as: 232 Sixth Street, 700 Rainbow Blvd., 231 Sixth Street, 626 Rainbow Blvd., and 701 Falls Street, City of Niagara Falls, Situated in the County of Niagara, State of New York and Having, Respectively, the Following Tax Sections, Blocks and Lots: 159.09-2-25.122, 159.09-2-25.112, 159.09-2-25.121, 159.09-2-25.111 and 159.09-2-25.211, Together with All Compensable Interests Therein Currently Owned by FALLSITE, LLC, et al., Appellants.

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

Decided April 27, 2012.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this condemnation proceeding, respondents appeal from an order that, inter alia, denied their cross motion for a mistrial and recusal based upon Supreme Court's alleged relationship with a partner at the law firm representing petitioner and comments made by the court in other proceedings concerning the viability of development in the Niagara Falls area. We affirm...

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