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MATTER OF BOWERS DEV., LLC v. ONEIDA COUNTY INDUS. DEV. AGENCY

764 OP 22-00744.

211 A.D.3d 1495 (2022)

2022 NY Slip Op 07327

In the Matter of Bowers Development, LLC, et al., Petitioners, v. Oneida County Industrial Development Agency et al., Respondents.

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

FOGEL & BROWN, P.C., SYRACUSE (MICHAEL A. FOGEL OF COUNSEL), FOR PETITIONERS.

PAUL J. GOLDMAN, ALBANY, FOR RESPONDENT ONEIDA COUNTY INDUSTRIAL DEVELOPMENT AGENCY.

COHEN COMPAGNI BECKMAN APPLER & KNOLL, PLLC, SYRACUSE (LAURA L. SPRING OF COUNSEL), FOR RESPONDENT CENTRAL UTICA BUILDING, LLC.

Present—Whalen, P.J., NeMoyer, Curran, Bannister and Montour, JJ.

Proceeding pursuant to Eminent Domain Procedure Law § 207 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department) to annul the determination of respondent Oneida County Industrial Development Agency to condemn certain real property.

It is hereby ordered that the determination is annulled on the law without costs and the petition is granted.

Memorandum: Petitioners commenced this original proceeding pursuant to EDPL...

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