| LT PROPCO, LLC V CAROUSEL CENTER COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY (ACTION NO. 1.) |
| Motion No: NOS. CA 08-02265, CA 08-02266, CA09-00002, AND CA 09-00001 |
| Slip Opinion No: 2009 NY Slip Op 72429(U) |
| Decided on May 12, 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, AND SMITH, JJ.
DOCKET NOS. CA 08-02265, CA 08-02266, CA09-00002, AND CA 09-00001
DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304 HIAWATHA
BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE
DOCKET NOS. CA 08-02265, CA 08-02266, CA09-00002, AND CA 09-00001
DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304 HIAWATHA
BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE
DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304 HIAWATHA
BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE
DOCKET NOS. CA 08-02265, CA 08-02266, CA09-00002, AND CA 09-00001
DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304 HIAWATHA
BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE
DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304 HIAWATHA
BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE
DOCKET NOS. CA 08-02265, CA 08-02266, CA09-00002, AND CA 09-00001
IDENTIFIED AS 1 CAROUSEL CENTER DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304
HIAWATHA BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE
IDENTIFIED AS 1 CAROUSEL CENTER DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304 HIAWATHA BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE CITY
| LT PROPCO, LLC, PLAINTIFF-APPELLANT, V CAROUSEL CENTER
COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 1.) LORD &
TAYLOR CAROUSEL, INC., PLAINTIFF-APPELLANT, V CAROUSEL CENTER COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT
AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 2.)
——————————————————————&
mdash;———— IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY,
PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL
CENTER CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS
DESTINY USA.
——————————————————————&
mdash;———— L & T CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 1.) (APPEAL NO. 1.) LT
PROPCO, LLC, PLAINTIFF-APPELLANT, V CAROUSEL CENTER COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY,
DEFENDANTS-RESPONDENTS. (ACTION NO. 1.)
——————————————————————&
mdash;———— May 12, 2009 Page 2 LORD & TAYLOR CAROUSEL, INC., PLAINTIFF-APPELLANT, V CAROUSEL
CENTER COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 2.)
——————————————————————&
mdash;———— KAUFMANN'S CAROUSEL, INC., PLAINTIFF-APPELLANT V CAROUSEL CENTER COMPANY LP AND CITY OF
SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 3.)
——————————————————————&
mdash;———— IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY,
PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL
CENTER CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS
DESTINY USA.
——————————————————————&
mdash;———— L & T CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 1.)
——————————————————————&
mdash;———— IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY,
PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL
CENTER CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS
DESTINY USA.
——————————————————————&
mdash;———— KAUFMANN'S CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 2.) (APPEAL NO.
2.) May 12, 2009 Page 3 LT PROPCO, LLC, PLAINTIFF-APPELLANT, V CAROUSEL CENTER COMPANY LP AND CITY OF SYRACUSE
INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 1.)
——————————————————————&
mdash;———— LORD & TAYLOR CAROUSEL, INC., PLAINTIFF-APPELLANT, V CAROUSEL CENTER COMPANY LP AND CITY OF
SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 2.)
——————————————————————&
mdash;———— KAUFMANN'S CAROUSEL, INC., PLAINTIFF-APPELLANT V CAROUSEL CENTER COMPANY LP AND CITY OF
SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 3.)
——————————————————————&
mdash;———— IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY,
PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL
CENTER CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS
DESTINY USA.
——————————————————————&
mdash;———— L & T CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 1.)
——————————————————————&
mdash;———— IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY,
PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL
CENTER CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS
DESTINY USA. May 12, 2009 Page 4
——————————————————————&
mdash;———— KAUFMANN'S CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 2.) (APPEAL NO. 3.)
IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN
INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY FOR THE PHASED PUBLIC PROJECT KNOWN AS DESTINY USA.
——————————————————————&
mdash;———— L & T CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 1.)
——————————————————————&
mdash;———— IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY,
PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY FOR THE PHASED PUBLIC
PROJECT KNOWN AS DESTINY USA.
——————————————————————&
mdash;———— KAUFMANN'S CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 2.) (APPEAL NO.
4.) |
Respondents having moved for an extension of time to file and serve briefs on the appeals taken from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 7, 2008, August 7, 2008, December 11, 2008 and December 23, 2008,
Now, upon reading and filing the affirmation of Kevin G. Roe dated April 27, 2009, the affirmation of Mark R. McNamara dated April 29, 2009, the notices of motion with proof of service thereof, and due deliberation having been thereon,
It is hereby ORDERED that the motions be, and the same hereby are, granted on the condition that the briefs are filed and served on or before June 29, 2009 and the Clerk is directed to accept the briefs for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before July 14, 2009.
Entered: May 12, 2009
Patricia L. Morgan, Clerk