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WL, LLC v. ECONOMIC DEV.

513318.

97 A.D.3d 24 (2012)

943 N.Y.S.2d 661

2012 NY Slip Op 3497

In the Matter of WL, LLC, Appellant, v. DEPARTMENT OF ECONOMIC DEVELOPMENT, Also Known as EMPIRE STATE DEVELOPMENT, et al., Respondents.

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

May 3, 2012.

Attorney(s) appearing for the Case

Green & Seifter, P.L.L.C., Syracuse ( Robert K. Weiler of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Owen W. Demuth of counsel), for respondents.

PETERS, P.J., ROSE, GARRY and EGAN JR., JJ., concur.

OPINION OF THE COURT

KAVANAGH, J.

Respondent Department of Economic Development (hereinafter DED) administers a program pursuant to the New York State Empire Zones Act (see General Municipal Law § 955 et seq.), which provides tax benefits and credits to commercial enterprises that invest capital and offer employment opportunities in businesses operating in economically distressed areas of New York (see General Municipal Law §...

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