| Matter of Academy Sq. Apts. Hous. Dev. Fund Co., Inc. v Assessor of City of Utica |
| 2021 NY Slip Op 02627 [193 AD3d 1330] |
| April 30, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Academy Square Apartments Housing
Development Fund Company, Inc., Respondent, v Assessor of City of Utica et al., Appellants. (Appeal No. 1.) |
William M. Borrill, Corporation Counsel, Utica (Kathryn F. Hartnett of counsel), for respondents-appellants.
Barclay Damon LLP, Syracuse (Kevin G. Roe of counsel), for petitioner-respondent.
Appeal from an order of the Supreme Court, Oneida County (Erin P. Gall, J.), entered September 26, 2019, in a proceeding pursuant to RPTL article 7. The order, among other things, denied respondents' motion to dismiss and granted petitioner's cross motion for, inter alia, summary judgment on the petition.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Same memorandum as in Matter of Academy Sq. Apts. Hous. Dev. Fund, Inc. v Assessor of City of Utica ([appeal No. 2] 193 AD3d 1331 [4th Dept 2021]). Present—Smith, J.P., Lindley, NeMoyer, Curran and DeJoseph, JJ.