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IN RE CONG. GATES, PRAYER v. N.Y.C. SCH. C
Appellate Division of the Supreme Court of New York, Second Department.
Aug 20, 2001
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ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Judicial review of a condemnation determination is limited to whether the proceeding was constitutional, whether the proposed acquisition is within the condemnor's statutory jurisdiction, whether the determination and findings were made in accordance with the procedures set forth in EDPL article 2, and whether a public use, benefit, or purpose will be served (see, EDPL 207[C]; Matter of Waldo's, Inc. v. Village of Johnson City, 74 N.Y.2d 718, 720; Matter of Jackson v. New York State Urban Dev. Corp., 67 N.Y.2d 400, 418). The petitioner failed to demonstrate any basis for setting aside the respondent's determination.
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