Respondent Samuel S. Yasgur, County Attorney, moved to dismiss the proceeding. By order dated September 28, 1981, this court remitted the matter to the Supreme Court, Westchester County, to hear and report on the issue of the timeliness of the proceeding. The proceeding and motion were held in abeyance in the interim. Special Term has now complied. Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and matter remitted...
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