MATTER OF MOOG, INC. v. TOWN OF ELMA


248 A.D.2d 953 (1998)

670 N.Y.S.2d 132

In the Matter of Moog, Inc., Respondent, v. Town of Elma et al., Appellants

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

March 13, 1998


Order insofar as appealed from unanimously reversed on the law without costs, leave to recommence proceeding denied, motion granted and recommenced proceeding dismissed.

Memorandum:

In this tax certiorari proceeding, respondents appeal from an order that granted respondents' motion to dismiss the original proceeding but granted petitioner leave to recommence the proceeding pursuant to CPLR former 306-b (b) and denied respondents' motion to dismiss the recommenced...

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