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TOWN OF SMITHTOWN v. SCHLEIDER

156 A.D.2d 668 (1989)

Town of Smithtown, Respondent, v. Ray Schleider, Doing Business as R. Schleider Contracting Corp., Appellant

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

December 26, 1989

Ordered that the appeal from the order entered April 28, 1988, is dismissed, as that order was superseded by the order entered September 29, 1988, made upon reargument; and it is further,

Ordered that the order entered September 29, 1988, is affirmed insofar as appealed from; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The plaintiff town demonstrated a likelihood of success on

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