| IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY TO ACQUIRE TITLE TO THE REAL |
| Motion No: CA 09-00624 |
| Slip Opinion No: 2009 NYSlipOp 68377(U) |
| Decided on April 1, 2009 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND FAHEY, JJ.
DOCKET NO. CA 09-00624
114.-02-10.1 AND LOCATED AT 410 HIAWATHA BOULEVARD WEST AT
| IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL
DEVELOPMENT AGENCY, PETITIONER-RESPONDENT, TO ACQUIRE TITLE TO THE REAL PROPERTY DESCRIBED AS SBL NO. THE INTERSECTION OF HIAWATHA
BOULEVARD WEST AND CAROUSEL CENTER DRIVE IN THE CITY OF SYRACUSE, NEW YORK, WHICH PARCEL COMPRISES A PORTION OF THE SITE FOR THE
PHASED PUBLIC PROJECT KNOWN AS DESTINY USA. HESS CORPORATION, FORMERLY KNOWN AS AMERADA HESS CORPORATION,
RESPONDENT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Robert G. Hurlbutt on March 11, 2009, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on March 3, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of David G. Linger dated March 9, 2009,
said show cause order with proof of service thereof, the opposing affirmation of Mark R. McNamara dated March 25, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, and
It is further ORDERED that the temporary stay contained in the show cause order bringing the motion on before the full Court be, and the same hereby is, vacated.
Entered: April 1, 2009
JoAnn M. Wahl, Clerk