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MATTER OF COUNTRY GLEN ASSOCIATES v. NEWBURGER

305 A.D.2d 594 (2003)

759 N.Y.S.2d 385

In the Matter of COUNTRY GLEN ASSOCIATES, Petitioner, v. MAY W. NEWBURGER et al., Respondents.

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

Decided May 19, 2003.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Initially, we note that the Supreme Court should have disposed of the proceeding on the merits instead of transferring it to this Court (see Town Law § 274-a [11]; Matter of Wal-Mart Stores v Planning Bd. of Town of N. Elba, 238 A.D.2d 93...

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