JAMES SQUARE ASSOCIATES LP MOHAWK GLEN ASSOCIATES LLC PIONEER FULTON SHOPPING CENTER LLC PIONEER MANAGEMENT GROUP LLC AND WATERFRONT ASSOCIATES LLC PLAINTIFFS RESPONDENTS v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department, New York.

JAMES SQUARE ASSOCIATES LP, MOHAWK GLEN ASSOCIATES, LLC, PIONEER FULTON SHOPPING CENTER, LLC, PIONEER MANAGEMENT GROUP, LLC, AND WATERFRONT ASSOCIATES, LLC, PLAINTIFFS–RESPONDENTS, v. DENNIS MULLEN, COMMISSIONER, NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND JAMIE WOODWARD, COMMISSIONER, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, DEFENDANTS–APPELLANTS. (APPEAL NO. 1.)

CA 11–00673

Decided: November 18, 2011

PRESENT:  CENTRA, J.P., FAHEY, GREEN, AND GORSKI, JJ. 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.

ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v. Pardi [appeal No. 1], 162 A.D.2d 985).

Patricia L. Morgan

Clerk of the Court