Ordered that the order and judgment is modified, on the law, by deleting the second and third decretal paragraphs thereof and so much of the first decretal paragraph as dismissed the first cause of action, and substituting therefor provisions granting that branch of the motion which was for partial summary judgment on the second cause of action and declaring that the challenged provisions of Village of Thomaston Code chapter 148 are valid; as so modified, the order and judgment...
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