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NICOLETTE v. VIL. OF CLYDE

34 A.D.2d 202 (1970)

Pasquale A. Nicolette et al., Suing on Behalf of Themselves and All Other Veteran-Property Owners Residing in The Village of Clyde, Similarly Situated, Plaintiffs, v. Village of Clyde, Defendant

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

May 21, 1970.

Attorney(s) appearing for the Case

Michaels, Cuddy & Bertrand (Milan M. Durgala of counsel), for plaintiffs.

John C. Carmer, Jr., for defendant.

DEL VECCHIO, J. P., MARSH, BASTOW and HENRY, JJ., concur.

MOULE, J.

This is an action commenced pursuant to CPLR 3222 by submission of an agreed statement of facts. The plaintiffs, Pasquale and Mary Nicolette, are owners of a house and lot located at 267 Glasgow Street, Clyde, New York, and are eligible for a veteran's real property tax exemption under section 458 of the Real Property Tax Law in the amount of $5,000.

In this case of first impression, the parties seek a declaration as to the correct method...

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