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MATTER OF MDS ASSOC., INC. v. NEW YORK STATE DEPT. OF ECONOMIC DEV.

337 CA 22-00602.

218 A.D.3d 1203 (2023)

193 N.Y.S.3d 816

2023 NY Slip Op 04011

In the Matter of MDS Associates, Inc., Respondent, v. New York State Department of Economic Development, Division of Minority and Women's Business Development, Appellant.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( OWEN DEMUTH OF COUNSEL), FOR RESPONDENT-APPELLANT.

COLLIGAN LAW, LLP, BUFFALO ( ERICK KRAEMER OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Smith, J.P., Lindley, Curran, Montour and Ogden, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered February 10, 2022, in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner, MDS Associates, Inc. (MDS), commenced this CPLR article 78 proceeding seeking to annul a determination...

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