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MATTER OF KESTERSON v. CITY OF BUFFALO

40 A.D.2d 575 (1972)

In the Matter of Elaine M. Kesterson, Respondent, v. City of Buffalo, Appellant

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

July 6, 1972

Judgment unanimously reversed and motion to dismiss petition denied, without costs.

Memorandum:

In this article 78 proceeding to review a determination by the Common Council of the City of Buffalo, confirming an assessment against petitioner's real property which represented the city's expenses in demolishing as unsafe a building on the property, respondent moved to dismiss the petition as legally insufficient. Without expressly passing on the

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