Shoppingtown Mall misses tax deadline but attempts another legal move

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DEWITT, N.Y. (WSYR-TV) Shoppingtown Mall has failed to pay its court ordered back taxes by close of business on Monday.

They did file a letter on Monday with a State Appellate Court Judge asking him to allow for a lesser payment for now.

Fourth Department State Supreme Court Appellate Justice John Centra had not responded by Monday evening.

On May 24, Centra granted the extension that just expired Monday and in that ruling also gave Shoppingtown Mall to have the original ruling put on hold while the appeal is being heard.

By posting “an appropriate undertaking” Centra wrote, the Mall’s owner could have this stay put in place.

According to NewsChannel 9 Justice Centra had not responded to Shoppingtown’s proposed “undertaking.”

According to a letter filed with the Court, the mall and its attorneys say the amount for the undertaking “should in fact be zero dollars, but Shoppingtown is nonetheless willing to post an undertaking of $10,000.”

State Supreme Court Judge Anthony Paris ruled May 9 against the mall owners, in a lawsuit brought by Erie LLC, the owners of the former Macy’s property at Shoppingtown Mall.

Erie LLC, part of Benderson Development, had sued Shoppingtown to force them to pay their taxes to Onondaga County claiming the mall’s failure to do so is making it difficult to redevelop the Macy’s part of the mall.

It also says the failure to pay taxes by Shoppingtown mall is putting the old Macy’s property in imminent jeopardy of being lost to the County.

Click here to read the court documents.

On Friday Justice Centra denied Shoppingtown’s request for another extension from him, this time 45 days, to continue settlement discussion with the County.

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