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MATTER OF VILLAGE OF SCARSDALE v. NEW YORK CITY WATER BOARD

33 A.D.3d 1011 (2006)

824 N.Y.S.2d 325

In the Matter of VILLAGE OF SCARSDALE et al., Petitioners, and UNITED WATER NEW ROCHELLE, INC., Appellant, v. NEW YORK CITY WATER BOARD, Respondent.

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

Decided October 31, 2006.

Ordered that the appeal from the order entered October 26, 2004 is dismissed, without costs or disbursements, as that order was superseded by the order entered March 23, 2005 made upon reargument; and it is further,

Ordered that order entered March 23, 2005 is modified, on the law, by deleting the provisions thereof, upon reargument, vacating so much of the prior determination as granted that branch of the petitioners' prior motion which was for summary judgment dismissing...

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