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MATTER OF KESTER v. NOLAN

48 A.D.3d 1113 (2008)

851 N.Y.S.2d 785

In the Matter of FRANKLIN W. KESTER, as the Duly Elected Receiver of Taxes and Assessments of Town of Elma, Appellant, v. MICHAEL P. NOLAN, Individually and as Supervisor of Town of Elma, et al., Respondents.

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

Decided February 1, 2008.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the provision dismissing that part of the petition-complaint seeking a declaration and granting judgment in favor of respondents-defendants as follows: "It is ADJUDGED and DECLARED that Local Law No. 2 (2006) of the Town of Elma was effective December 8, 2006 and as modified the judgment is affirmed without costs."

Memorandum:

Petitioner-plaintiff (petitioner...

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