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SEVENTH REGIMENT FUND v. PATAKI

No. 01 CIV 0819 LTS THK.

179 F.Supp.2d 356 (2002)

The SEVENTH REGIMENT FUND, Associates of the Engineer Corps and Company K, Seventh Regiment, Inc. and the Veterans of the Seventh Regiment, Plaintiffs v. George PATAKI, as Governor of the State of New York, Maj. Gen. John H. Fenimore V, individually and as the Adjutant General for the Division of Military and Naval Affairs, the Division of Military and Naval Affairs, Charles A. Gargano, as Chairman, President and Chief Executive Officer of the NYS Urban Corporation, NYS Urban Development Corporation d/b/a Empire State Development Corporation, Ernst & Young LLP and Seventh Regiment Armory Conservancy, Inc., Defendants.

United States District Court, S.D. New York.

January 18, 2002.

Attorney(s) appearing for the Case

McCanliss & Early LLP by Philip M. Chiappone, New York City, for Plaintiff.

Elliot Spitzer, Attorney General of the State of New York by Joel Graber, Judith T. Kramer, New York City, for Defendants Governor, Adjutant General, and New York State Division of Military and Naval Affairs.

Rosenman & Colin LLP by Robert W. Gottlieb, Esq., Jeffrey L. Braun, Esq., Stacey B. Creem, Esq., New York City, for Defendants Charles A. Gargano and Empire State Development Corporation.

Paul, Weiss, Rifkind, Wharton & Garrison by Lewis R. Clayton, Esq., Jill M. Graziano, Esq., New York City, for Defendant Seventh Regiment Armory Conservancy, Inc.

MEMORANDUM OPINION AND ORDER

SWAIN, District Judge.

This matter involves the proposed reuse or development of the historic Seventh Regiment Armory (the "Armory") located at 643 Park Avenue in Manhattan. Plaintiffs are three private non-profit organizations that assert property rights in the Armory and/or its contents. In this action, they challenge the issuance by certain defendants of a request for proposals ("RFP") inviting developers to submit...

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