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ONEIDA COUNTY v. DiCASTRO

5 Misc.3d 187 (2004)

780 N.Y.S.2d 725

ONEIDA COUNTY, Petitioner, v. JAMES DiCASTRO, Respondent.

Supreme Court, Oneida County.

July 9, 2004.

Attorney(s) appearing for the Case

Russell D. Johnson, Jr., for respondent.

Raymond F. Bara for petitioner.

OPINION OF THE COURT

ROBERT F. JULIAN, J.

In this case, the respondent asks the court to make a first impression finding that Public Health Law § 1306 and the Oneida County Sanitary Code require the lowest responsible bidder to remediate a building deemed to be a public nuisance pursuant to the Public Health Law and Sanitary Code or, in the alternative, that the County failed to mitigate damages.

The...

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