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CITY OF UTICA v. FRANKFORT

10 N.Y.3d 128 (2008)

884 N.E.2d 1000

855 N.Y.S.2d 1

In the Matter of CITY OF UTICA, Respondent, v. TOWN OF FRANKFORT et al., Respondents, and COUNTY OF HERKIMER, Appellant. TRUSTEES OF MASONIC HALL AND ASYLUM FUND, Doing Business as MASONIC CARE COMMUNITY, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided February 14, 2008.

Attorney(s) appearing for the Case

Robert J. Malone, County Attorney, Herkimer (Lorraine H. Lewandrowski of counsel), for appellant.

Getnick Livingston Atkinson Gigliotti & Priore, LLP, Utica (Michael E. Getnick of counsel), for City of Utica, respondent and intervenor-respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ and SMITH concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

JONES, J.

In this special proceeding commenced pursuant to article 17 of the General Municipal Law ("Municipal Annexation Law"), petitioner City of Utica sought annexation of approximately 225 acres of property owned by intervenor-respondent (Masonic Care Community or MCC), which supported the proposed annexation, from respondents Town of Frankfort...

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