MATTER OF RITE AID CORP. v. DARLING

1529 CA 17-01227.

162 A.D.3d 1599 (2018)

79 N.Y.S.3d 401

2018 NY Slip Op 04252

In the Matter of Rite Aid Corporation, Appellant, v. Rhonda Darling et al., Respondents, and Corning-Painted Post Area School District, Intervenor-Respondent. (Proceeding Nos. 1-6.)

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

Decided June 8, 2018.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion of respondent City of Corning and intervenor-respondent in its entirety, vacating the first, and third through fifth ordering paragraphs, reinstating the petitions with respect to tax years beginning in 2009, 2010 and 2011, and reinstating the note of issue in each proceeding, and as modified the order is affirmed without costs.

Memorandum: Petitioner commenced...

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