Matter of City of Syracuse Indus. Dev. Agency (Kaufmann's Carousel, Inc.\MCarousel Ctr. Co., L.P.)
2006 NYSlipOp 07045
September 29, 2006
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 08, 2006


In the Matter of City of Syracuse Industrial Development Agency, Respondent, Relative to Acquiring Certain Order Interests in the Carousel Center Site for the Phased Public Project Known as DestiNY USA. Kaufmann's Carousel, Inc., Appellant; Carousel Center Company, L.P., Respondent. (Appeal No. 11.)

[*1]Appeal from an order of the Supreme Court, Onondaga County (John V. Centra, J.), entered May 12, 2006 in a proceeding pursuant to EDPL article 4. The order, among other things, denied the motion of respondent Kaufmann's Carousel, Inc. to dismiss the petition, granted the petition and authorized petitioner to acquire by condemnation certain Carousel Center interests of that respondent.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Hurlbutt, J.P., Scudder, Gorski and Green, JJ.