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IN THE MATTER OF SYMS CORP. v. ASSESSOR OF TOWN OF CLARENCE

5 A.D.3d 984 (2004)

773 N.Y.S.2d 314

In the Matter of SYMS CORP., Respondent, v. ASSESSOR OF TOWN OF CLARENCE et al., Appellants.

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

March 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the notes of issue are vacated, the motion is granted and the petitions are dismissed unless petitioner, within 60 days of service of a copy of the order of this Court with notice of entry, files notes of issue after compliance with 22 NYCRR 202.59 (b), in which event the order is modified by vacating the notes of issue filed April 3, 1997 and as modified...

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