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STATE UNIV. v. PATTERSON

42 A.D.2d 328 (1973)

State University of New York, Appellant, v. Thomas F. Patterson, as Mayor of The Village of Canton, et al., Respondents

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

August 2, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), for appellant.

Sidney H. Kitay (John D. Elmer of counsel), for respondents.

STALEY, JR., and REYNOLDS, JJ., concur with HERLIHY, P. J.; SWEENEY and KANE, JJ., dissent and vote to affirm in a separate opinion by SWEENEY, J.

HERLIHY, P. J.

This is an appeal by the plaintiff from an order and judgment of the Supreme Court at Special Term, entered September 19, 1972 in St. Lawrence County, which granted summary judgment in favor of the defendants declaring that plaintiff is subject to the provisions of an ordinance of the Village of Canton imposing charges on private fire protection systems within the village.

Plaintiff maintains an educational facility in the Village...

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