In re City of Syracuse Industrial Development Agency

Appeal from an order of the Supreme Court, Onondaga County (John V. Centra, J.), entered March 11, 2003 in a proceeding pursuant to EDPL article 4. The order granted the petition in part and denied petitioner’s motion to dismiss the affirmative defenses in part.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vacating subparagraph No. 6 of the ordering paragraph and as modified the order is affirmed without costs.

Memorandum: In this proceeding commenced pursuant to EDPL article 4, petitioner, City of Syracuse Industrial…