MATTER OF COR VAN RENSSELAER ST. CO., III, INC. v. NEW YORK STATE URBAN DEV. CORP.

592 CA 20-00707.

197 A.D.3d 976 (2021)

150 N.Y.S.3d 669

2021 NY Slip Op 04862

In the Matter of Cor Van Rensselaer Street Company, III, Inc., Respondent, v. New York State Urban Development Corporation, Doing Business as Empire State Development, Appellant.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

GOLDBERG SEGALLA LLP, BUFFALO ( KRISTIN KLEIN WHEATON OF COUNSEL), FOR RESPONDENT-APPELLANT.

CULLEN AND DYKMAN LLP, ALBANY ( CHRISTOPHER E. BUCKEY OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Centra, J.P., NeMoyer, Troutman, Winslow and Bannister, JJ.


It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking several items of relief, including an order compelling respondent to present petitioner's grant application to respondent's Board of Directors for approval and compelling the Board of Directors to approve the application. Respondent now appeals from an order that, inter alia, granted the first item of relief and denied...

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