James Sq. Assoc. LP v Mullen
2011 NY Slip Op 08422 [89 AD3d 1533]
November 18, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


James Square Associates LP et al., Respondents, v Dennis Mullen, Commissioner, New York State Department of Economic Development, et al., Appellants. (Appeal No. 1.)

—[*1] Eric T. Schneiderman, Attorney General, Albany (Owen Demuth of counsel), for defendants-appellants.

Bond, Schoeneck & King, PLLC, Syracuse (Jonathan B. Fellows of counsel), for plaintiffs-respondents.

Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered June 22, 2010. The order and judgment granted the motion of plaintiffs for summary judgment, denied the cross motion of defendants for summary judgment, declared that Section 3 of the 2009 Amendments to the Empire Zones Program is prospective only and declared that the June 29, 2009 decertification of plaintiffs, to the extent it was applied retroactively to January 1, 2008, is null and void.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Centra, J.P., Fahey, Green and Gorski, JJ.