Matter of City of Syracuse Indus. Dev. Agency (Lord & Taylor Carousel, Inc.)
2009 NY Slip Op 09781 [68 AD3d 1700]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


In the Matter of City of Syracuse Industrial Development Agency, Respondent, to Acquire Certain Interests in the Carousel Center Site, Which Site is Generally Identified as 1 Carousel Center Drive (Lot 11K), SBL No. Order 114-02-05.6, and 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 for the Phased Public Project Known as Destiny USA. Lord & Taylor Carousel, Inc., Appellant. (Proceeding No. 1.) In the Matter of City of Syracuse Industrial Development Agency, Respondent, to Acquire Certain Interests in the Carousel Center Site, Which Site is Generally Identified as 1 Carousel Center Drive (Lot 11K), SBL No. Order 114-02-05.6, and 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 for the Phased Public Project Known as Destiny USA. Kaufmann's Carousel, Inc., Appellant. (Proceeding No. 2.) (Appeal No. 4.)

[*1] Harris Beach PLLC, Pittsford (Douglas A. Foss of counsel), for respondents-appellants.

Hiscock & Barclay, LLP, Buffalo (Mark R. McNamara of counsel), for petitioner-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered December 23, 2008. The order and judgment, among other things, granted the motion of Carousel Center Company, L.P., joined by petitioner, to release a previously posted undertaking. [*2]

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Peradotto, Green, Pine and Gorski, JJ.