MATTER OF LINCOLN CORP. v. VILLAGE OF MONROE


295 A.D.2d 440 (2002)

743 N.Y.S.2d 177

In the Matter of W.C. LINCOLN CORP., Petitioner, v. VILLAGE OF MONROE, Respondent.

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

Decided June 10, 2002.


Adjudged that the petition is granted, on the law, with costs, and the determination is rejected.

The respondent condemnor published notice of the public hearing in two 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]; see also Town of Carmel v Blanks, 269 A.D.2d 455, 456). The respondent...

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