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  5. 45 N.Y.2d 954 (1978)
 

MATTER OF GANNETT CO., INC. v. COUNTY OF MONROE

45 N.Y.2d 954 (1978)

In the Matter of Gannett Co., Inc., Respondent, v. County of Monroe et al., Appellants.

Court of Appeals of the State of New York.

Decided November 2, 1978.

Attorney(s) appearing for the Case

John D. Boyle, Acting County Attorney, for appellants.

Robert C. Bernius for respondents.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur; Judge GABRIELLI taking no part.

MEMORANDUM.

Order affirmed, without costs, on the opinion by Madam Justice M. DOLORES DENMAN at the Appellate Division.

We note that in form this case reaches us on a motion to dismiss the petition under CPLR 7804 (subd [f]), and that no answer has yet been served by the county or its officers. Notwithstanding what might therefore be viewed as a procedural awkwardness, on argument before us counsel for all parties...

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