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MATTER OF STATE v. MAGLEY

105 A.D.2d 208 (1984)

In the Matter of The State of New York, by Robert Abrams, as Attorney-General, Appellant-Respondent, v. Mabel G. Magley, Individually and Doing Business as Elms Coach Park, et al., Respondents-Appellants

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

December 27, 1984

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert Vawter, Peter Bienstock, Rachel Kretser and Stephen Gardner of counsel), for appellant-respondent.

L. Michael Mackey for respondents-appellants.

CASEY, WEISS and YESAWICH, JR., JJ., concur with KANE, J. P.; LEVINE, J., dissents in part and concurs in part in an opinion.

KANE, J. P.

Respondent Mabel G. Magley is the owner of a mobile home park known as Elms Coach Park, located on Western Avenue in the Town of Guilderland, Albany County. Her grandson, respondent Timothy J. Murray, is the manager of the park and resides there. Lots are rented on a month-to-month basis.

For approximately the last five years, the park has been subject to a purchase option held by Dabil,...

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