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PLATTSBURGH v. ROSENBAUM

513980.

101 A.D.3d 21 (2012)

953 N.Y.S.2d 174

2012 NY Slip Op 7171

In the Matter of PLATTSBURGH AIRBASE REDEVELOPMENT CORPORATION, Respondent, v. DEREK ROSENBAUM, as Assessor of the City of Plattsburgh, et al., Appellants, et al., Respondents.

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

October 25, 2012.

Attorney(s) appearing for the Case

John E. Clute , Corporation Counsel, Plattsburgh, for appellants.

Whiteman, Osterman & Hannah, LLP, Albany ( Jonathan P. Nye of counsel), for Plattsburgh Airbase Redevelopment Corporation, respondent.

MERCURE, J.P., ROSE, MALONE JR. and GARRY, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

Petitioner, a nonmunicipal not-for-profit corporation, owns several parcels of real property that previously were part of the Plattsburgh Air Force Base. In 1993, the base was closed pursuant to the Defense Base Closure and Realignment Act of 1990 (see 10 USC § 2687; see generally Pub L 101-510, 104 US Stat 1485). As a result of a redevelopment plan designed to support the local economy in the wake of the...

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