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IN THE MATTER OF HUNGERFORD & TERRY, INC. v. SUFFOLK COUNTY WATER AUTHORITY

12 A.D.3d 675 (2004)

785 N.Y.S.2d 506

In the Matter of HUNGERFORD & TERRY, INC., Respondent, v. SUFFOLK COUNTY WATER AUTHORITY, Appellant, and EAGLE CONTROL CORP., Respondent.

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

November 29, 2004.

Ordered that on the court's own motion, the notice of appeal from the order is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, the award is confirmed, the petition is denied, and the proceeding is dismissed on the merits; and it is further,

Ordered that one bill of costs is awarded to the appellant.

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