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  5. 187 A.D.2d 963 (1992)
 

MATTER OF VALLEY REALTY DEV. CO., INC. v. TOWN OF TULLY

187 A.D.2d 963 (1992)

In the Matter of Valley Realty Development Co., Inc., Appellant, v. Town of Tully et al., Respondents

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

November 18, 1992

Judgment unanimously affirmed with costs.

Memorandum:

This matter was improperly brought as a CPLR article 78 proceeding. Because respondents' enactment of the ordinance was a legislative act, it should have been challenged in a declaratory judgment action (see, Matter of Mayerat v Town Bd., 185 A.D.2d 699; Matter of Nassau Shores Civic Assn. v Colby, 118 A.D.2d 782

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