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MATTER OF COR ROUTE 5 CO., LLC v. VILLAGE OF FAYETTEVILLE

NO. 1266, CA 16-00062

147 A.D.3d 1432 (2017)

46 N.Y.S.3d 765

2017 NY Slip Op 00875

In the Matter of COR ROUTE 5 COMPANY, LLC, Appellant, v. VILLAGE OF FAYETTEVILLE et al., Respondents.

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

Decided February 3, 2017.

Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered August 18, 2015 in a CPLR article 78 proceeding. The judgment granted the motion of respondents to dismiss the petition.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the petition is reinstated, and the matter is remitted to Supreme Court, Onondaga County, for further proceedings...

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