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MATTER OF ESTRELLITA LLC v. TOWN BOARD OF TOWN OF ALEXANDRIA

60 A.D.3d 1363 (2009)

875 N.Y.S.2d 402

In the Matter of ESTRELLITA LLC et al., Respondents, v. TOWN BOARD OF TOWN OF ALEXANDRIA et al., Appellants.

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

Decided March 20, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to annul the tax assessment of their properties in respondent Town of Alexandria. Respondents appeal from an order denying their motion to dismiss the petition. We reject respondents' contention that a CPLR article 78 proceeding is not an appropriate procedural vehicle for challenging the...

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