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KING RD. MATERIALS v. TOWN BD.

37 A.D.2d 357 (1971)

In the Matter of King Road Materials, Inc., Respondent, v. Town Board of the Town of Rotterdam, Appellant

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

November 9, 1971.

Attorney(s) appearing for the Case

George V. Palmer (Sebastiano P. Occhino of counsel), for appellant.

Clark, Bartlett & Caffry (Robert S. Stewart of counsel), for respondent.

REYNOLDS, J. P., STALEY, JR., COOKE and SIMONS, JJ., concur.

AULISI, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered September 10, 1970, in Schenectady County, which granted petitioner's application, in a proceeding under article 78 of the CPLR, to vacate and set aside an ordinance enacted by the Town Board of the Town of Rotterdam, Schenectady County, limiting the laden weight of trucks utilizing certain town highways.

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