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RAMSEY v. TOWN OF HEMPSTEAD

193 Misc.2d 278 (2002)

750 N.Y.S.2d 439

In the Matter of JOHN RAMSEY, JR., Petitioner, v. TOWN OF HEMPSTEAD, Respondent.

Supreme Court, Nassau County.

September 16, 2002.

Attorney(s) appearing for the Case

Joseph Ra, Town Attorney, Hempstead, for respondent.

Frederick Brewington, Hempstead, for petitioner.

OPINION OF THE COURT

GEORGE R. PECK, J.

The petitioner labels this instant application as being brought "pursuant to Civil [Practice] Law and Rules § 7803 in the nature of mandamus to review." The respondent moves for an order dismissing the within petition on the grounds that the within proceedings fail to state a claim upon which relief may be granted, pursuant to CPLR 3211.

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