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MATTER OF EBA REALTY CO. v. GALANTE

156 A.D.2d 448 (1989)

In the Matter of EBA Realty Co., Petitioner, v. Ann M. Galante, as Mayor of The Village of Mineola, et al., Respondents

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

December 11, 1989

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

We note that the Supreme Court, Nassau County, should have disposed of this case on the merits rather than transferring it here (see, Village Law § 7-712 [3]). However, in the interest of judicial economy, this court will decide the case on the merits (see, Matter of Pacheco v De Salvo, 127 A.D.2d 597

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