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IN THE MATTER OF SPITTLER, JR. v. TOWN OF HAMBURG

4 A.D.3d 735 (2004)

771 N.Y.S.2d 464

In the Matter of DONALD J. SPITTLER, JR., Petitioner, v. TOWN OF HAMBURG, Respondent.

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

February 11, 2004.

It is hereby ordered that the determination be and the same hereby is unanimously annulled on the law without costs and the petition is granted.

Memorandum:

In this proceeding commenced pursuant to EDPL 207, we agree with petitioner that the determination condemning a portion of his property must be annulled based upon respondent's failure to comply with EDPL article 2. Petitioner established that there is no adequate...

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