LT PROPCO, LLC V CAROUSEL CENTER COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY (ACTION NO. 1.)

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 78742(U)

Decided on July 15, 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.

July 15, 2009

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;————
July 15, 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.)
July 15, 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.
July 15, 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.)

Appellants having moved for an extension of time to file and serve a reply brief on the appeals taken herein 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 Douglas A. Foss dated July 7, 2009, the notice 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 July 28, 2009 and the Clerk is directed to accept the briefs for filing.

Entered: July 15, 2009

Patricia L. Morgan, Clerk