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IN THE MATTER OF ANN-PAR SANITATION, INC. v. TOWN OF BROOKHAVEN

23 A.D.3d 380 (2005)

804 N.Y.S.2d 758

In the Matter of ANN-PAR SANITATION, INC., Appellant, v. TOWN OF BROOKHAVEN, Respondent.

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

November 7, 2005.

Ordered that the order and judgment is modified, on the law, by deleting the provision thereof granting that branch of the motion which was to dismiss so much of the amended petition as sought to annul so much of the determination as imposed penalties upon the petitioner for alleged violations of the contracts, and substituting therefor a provision denying that branch of the motion and granting that branch of the amended petition to the extent of annulling so much of the...

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