MATTER OF WESTBURY TROMBO, INC. v. BOARD OF TRUSTEES OF VILLAGE OF WESTBURY


307 A.D.2d 1043 (2003)

763 N.Y.S.2d 674

In the Matter of WESTBURY TROMBO, INC., Appellant, v. BOARD OF TRUSTEES OF VILLAGE OF WESTBURY et al., Respondents.

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

Decided August 25, 2003.


Ordered that the proceeding, insofar as it seeks to invalidate Local Law No. 10 (2000) and No. 4 (2001) of the Village of Westbury, is converted to an action for declaratory judgment, and the notice of petition and petition are, to that extent, deemed to be a summons and complaint (see CPLR 103 [c]); and it is further,

Ordered that the judgment is reversed, on the law, with costs, the petition is granted, and the determinations dated May 2, 2002, and April...

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