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MATTER OF POP DISPLAYS USA, LLC v. CITY OF YONKERS

70 A.D.3d 702 (2010)

895 N.Y.S.2d 138

In the Matter of POP DISPLAYS USA, LLC, Appellant, v. CITY OF YONKERS, et al., Respondents.

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

Decided February 2, 2010.

Ordered that the judgment is affirmed insofar as appealed from, with costs to the respondents City of Yonkers and Mark B. Russell, City of Yonkers Assessor.

"[A]rticle 78 relief in the form of mandamus to compel may be granted only where a petitioner establishes a clear legal right to the relief requested" (Matter of Council of City of N.Y. v Bloomberg, 6 N.Y.3d 380, 388 [2006]...

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