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WEBSTER ASSOC. v. TOWN

119 Misc.2d 533 (1983)

Webster Associates, Petitioner, v. Town of Webster et al., Respondents, et al., Intervenors-Respondents. Webster Associates, Plaintiff, v. Town of Webster et al., Defendants, et al., Intervenors-Defendants.

Supreme Court, Monroe County.

May 19, 1983

Attorney(s) appearing for the Case

Sutton, DeLeeuw, Clark & Darcy (Robert L. Teamerson of counsel), for respondents. Winer, Neuburger & Sive, P. C. (David Sive of counsel), and Weidman, Williams, Jordan, Angeloff & Frank (Bernard A. Frank of counsel), for petitioner. Middleton, Wilson & Boylan (John M. Wilson, II, of counsel), for intervenors.

RICHARD D. ROSENBLOOM, J.

Webster Associates (referred to herein as petitioner) has commenced a proceeding pursuant to CPLR article 78 and a declaratory judgment action to challenge certain actions of the members of the Town Board of the Town of Webster (referred to herein as respondents). This is a motion by respondents to dismiss the article 78 proceeding, for summary judgment in the declaratory judgment...

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