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BENEKE v. TOWN OF SANTA CLARA

45 A.D.3d 1164 (2007)

846 N.Y.S.2d 681

J. DAVID BENEKE, Individually and as Trustee of the J. Dave Beneke Trust, Appellant, v. TOWN OF SANTA CLARA et al., Respondents.

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

Decided November 21, 2007.

Peters, J.

The issues in this matter have been before us on three prior occasions (see 36 A.D.3d 1195 [2007], lv dismissed 8 N.Y.3d 938 [2007];* 28 A.D.3d 998 [2006]; Matter of Beneke v Town of Santa Clara, 9 A.D.3d 820 [2004]). When we last reviewed Supreme Court's order,...

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