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MATTER OF TOWN OF CARMEL v. BLANKS

269 A.D.2d 455 (2000)

703 N.Y.S.2d 209

In the Matter of TOWN OF CARMEL, Respondent, v. WAYNE A. BLANKS, Also Known as WAYNE A. RYDER, et al., Appellants, et al., Respondents.

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

Decided February 14, 2000.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner, condemnor in this condemnation proceeding, published notice of the public hearing in three consecutive issues of a weekly newspaper. A condemnor is permitted to publish notice in a weekly newspaper only if there is no daily newspaper within the locality (see, EDPL 202 [A], [B]). The petitioner does not contest the appellants'...

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