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TOWN OF DeWITT v. SURLES

187 A.D.2d 968 (1992)

Town of Dewitt, Appellant, v. Richard C. Surles, as Commissioner of The Office of Mental Health, et al., Respondents. (Appeal No. 1.)

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

November 18, 1992

Order unanimously affirmed with costs.

Memorandum:

The action for a declaratory judgment and injunction was properly dismissed. That suit challenged the first notice served by the State upon the Town pursuant to Mental Hygiene Law § 41.34, and sought to invalidate the site-selection process undertaken pursuant to that first notice. In serving a second notice, the State effectively commenced the site-selection...

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