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MANITOU SAND & GRAVEL CO., INC. v. TOWN OF OGDEN

87 A.D.2d 1004 (1982)

Manitou Sand & Gravel Co., Inc., Respondent, v. Town of Ogden et al., Appellants

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

April 12, 1982

Judgment unanimously modified and, as modified, affirmed, without costs, and matter remitted to Special Term, Monroe County, for further proceedings.

Memorandum:

This court previously affirmed a determination of Special Term which, in a CPLR article 78 proceeding, annulled certain conditions contained in an excavation permit issued by the Town of Ogden to petitioner (Manitou Sand & Gravel Co. v Town of Ogden, 81 A.D.2d 1019

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