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MATTER OF OMNI RECYCLING OF WESTBURY, INC. v. TOWN OF OYSTER BAY

41 A.D.3d 482 (2007)

837 N.Y.S.2d 317

In the Matter of OMNI RECYCLING OF WESTBURY, INC., Appellant, v. TOWN OF OYSTER BAY et al., Respondents.

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

Decided June 5, 2007.

Ordered that the judgment is modified, on the law, by deleting the provision thereof denying that branch of the petition which was to annul resolution No. 199-2005 of the Town Board of the Town of Oyster Bay, and substituting therefor a provision granting that branch of the petition; as so modified, the judgment is affirmed, with one bill of costs to the petitioner, and resolution No. 199-2005 of the Town Board of the Town of Oyster Bay and contract No. DPW 05-909 between...

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