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MATTER OF ABATE, JR. v. CITY OF YONKERS

264 A.D.2d 517 (1999)

694 N.Y.S.2d 724

In the Matter of SAMUEL J. ABATE, JR., et al., Constituting the Board of Trustees of the Village of Ardsley, et al., Appellants, v. CITY OF YONKERS et al., Respondents.

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

Decided August 30, 1999.

Ordered that the appeal from the judgment entered June 18, 1998, is dismissed, as the judgment was superseded by the order entered September 9, 1998, made upon reargument and renewal; and it is further,

Ordered that the order entered September 9, 1998, is reversed insofar as appealed from, the judgment entered June 18, 1998, is vacated, the petition is reinstated and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent...

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