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IN THE MATTER OF U.A. PLUMBERS & STEAMFITTERS v. CITY OF NIAGARA FALLS

57 A.D.3d 1467 (2008)

869 N.Y.S.2d 830

In the Matter of U.A. PLUMBERS AND STEAMFITTERS, LOCAL NO. 22, Respondent, v. CITY OF NIAGARA FALLS, Appellant, et al., Respondents.

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

December 31, 2008.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is granted, and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to compel respondents to determine whether a certain plumbing company was violating various provisions of the Plumbing Code of respondent City of Niagara Falls (City). The City appeals from a judgment denying respondents' motion to dismiss...

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