IN THE MATTER OF HAYDEN v. TALLMAN


5 A.D.3d 1021 (2004)

773 N.Y.S.2d 324

In the Matter of JOSEPH HAYDEN et al., Respondents, v. THOMAS TALLMAN, as Trustee of Village of Hamburg, et al., Appellants. (Appeal No. 1.)

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

March 19, 2004.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court. We note, however, that petitioners were only required to establish their entitlement to the relief sought by a preponderance of the evidence and not, as respondents contend, by clear and convincing...

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