Matter of Syracuse Indus. Dev. Agency v Gamage
2010 NY Slip Op 06903 [77 AD3d 1354]
October 1, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


In the Matter of Syracuse Industrial Development Agency, James Syracuse LLC, as Lessee, Respondent, v John C. Gamage, Assessor, City of Syracuse, et al., Appellants. (Appeal No. 2.)

—[*1] Juanita Perez Williams, Corporation Counsel, Syracuse (Joseph Francis Bergh of counsel), for respondents-appellants.

Gilberti Stinziano Heintz & Smith, P.C., Syracuse (Jon E. Cooper of counsel), for petitioner-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered May 12, 2009. The order denied the motion of respondents to dismiss the tax certiorari petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Syracuse Indus. Dev. Agency v Gamage (77 AD3d 1353 [2010] [decided herewith]). Present—Smith, J.P., Carni, Lindley, Sconiers and Pine, JJ.