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MATTER OF PENNEY PROPERTY SUB HOLDINGS LLC v. TOWN OF AMHERST

603 OP 23-00478.

220 A.D.3d 1169 (2023)

197 N.Y.S.3d 644

2023 NY Slip Op 05058

In the Matter of Penney Property Sub Holdings LLC, Petitioner, v. Town of Amherst, Respondent.

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

Decided October 6, 2023.

Attorney(s) appearing for the Case

HARTER SECREST & EMERY LLP, ROCHESTER ( MEGAN K. DORRITIE OF COUNSEL), FOR Petitioner.

HODGSON RUSS LLP, BUFFALO ( CHARLES W. MALCOMB OF COUNSEL), FOR Respondent.

Present—Whalen, P.J., Curran, Montour, Ogden and DelConte, JJ.

Proceeding pursuant to EDPL 207 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department) to review a determination of respondent. The determination condemned certain property of petitioner.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this original proceeding pursuant to EDPL 207 seeking to annul the determination of respondent...

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