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MATTER OF HOME DEPOT USA, INC. v. CITY OF RYE

259 A.D.2d 547 (1999)

684 N.Y.S.2d 908

In the Matter of HOME DEPOT USA, INC., Respondent, v. CITY OF RYE et al., Appellants, and ANTHONY LANDI, as Commissioner of Westchester County Department of Public Works, Respondent.

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

Decided March 8, 1999.

Ordered that the appeal from the judgment entered February 2, 1998, is dismissed, as the judgment was superseded by the amended judgment; and it is further,

Ordered that the amended judgment is affirmed insofar as appealed from; and it is further,

Ordered that the petitioner is awarded one bill of costs.

Contrary to the appellants' contention, the Supreme Court properly concluded that the determination of the Mayor of the City of Rye was arbitrary...

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