MATTER OF JAMES H. MALOY, INC. v. TOWN BD. OF THE TOWN OF GUILDERLAND


84 A.D.2d 856 (1981)

In the Matter of James H. Maloy, Inc., Respondent, v. Town Board of the Town of Guilderland et al., Appellants

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

November 5, 1981


When this case was originally before this court, we reversed the judgment of Special Term which granted a declaratory judgment in favor of petitioner and dismissed the petition on the ground that petitioner had failed to exhaust its administrative remedies (82 A.D.2d 1003). Reargument was granted upon petitioner's subsequent showing that it did in fact exhaust its administrative remedies prior to commencing the present proceeding. The two...

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