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MATTER OF ACADEMY SQ. APTS. HOUS. DEV. FUND CO., INC. v. ASSESSOR OF CITY OF UTICA

69 CA 20-00169.

193 A.D.3d 1331 (2021)

147 N.Y.S.3d 764

2021 NY Slip Op 02628

In the Matter of Academy Square Apartments Housing Development Fund Company, Inc., Respondent, v. Assessor of City of Utica, Respondent/Defendant, and City of Utica, Appellant. (Appeal No. 2.)

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

Decided April 30, 2021.

Attorney(s) appearing for the Case

WILLIAM M. BORRILL , CORPORATION COUNSEL, UTICA ( KATHRYN F. HARTNETT OF COUNSEL), FOR RESPONDENT-DEFENDANT-APPELLANT.

BARCLAY DAMON LLP, SYRACUSE ( KEVIN G. ROE OF COUNSEL), FOR PETITIONER-PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Lindley, NeMoyer, Curran and DeJoseph, JJ.

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

Memorandum: The petitioner in appeal No. 1 and the petitioner/plaintiff in appeal No. 2 (petitioner) is the titled owner of four tax parcels in the City of Utica (City), a respondent in appeal No. 1 and a respondent/defendant in appeal No. 2, and is a New York not-for-profit charitable corporation pursuant to section 201 of the Not-for-Profit Corporation Law and article...

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