Greece Town Mall, L.P. v. New York State

Appeal from an order of the Supreme Court (McNamara, J.), entered December 19, 2014 in Albany County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, remanded the matter to respondent Empire Zone Designation Board for further proceedings.

Petitioner, the owner of a shopping mall, was certified in 2002 as a participant in the Empire Zones Program, allowing it to receive certain tax benefits and economic incentives in return for creating jobs and making investments in impoverished areas. In 2009, the Legislature established new standards for…