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MATTER OF AAA CARTING AND RUBBISH REMOVAL, INC. v. TOWN OF SOUTHEAST

2009-11627, 2009-11628.

74 A.D.3d 959 (2010)

902 N.Y.S.2d 659

In the Matter of AAA CARTING AND RUBBISH REMOVAL, INC., Respondent, v. TOWN OF SOUTHEAST et al., Respondents, and SANI-PRO DISPOSAL SERVICES CORP., Doing Business as SUBURBAN CARTING, Appellant.

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

Decided June 8, 2010.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

Ordered that the judgment is reversed, on the law, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits; and it is further,

Ordered that one bill of costs is awarded to the appellant, payable...

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