MATTER OF BROCKPORT SWEDEN PROPERTY OWNERS ASSOCIATION v. VILLAGE OF BROCKPORT

CA 10-01274

81 A.D.3d 1416 (2011)

917 N.Y.S.2d 481

In the Matter of BROCKPORT SWEDEN PROPERTY OWNERS ASSOCIATION, by its Treasurer, Norman Giancursio, Appellant, v. VILLAGE OF BROCKPORT, Respondent.

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

Decided February 18, 2011.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by granting judgment in favor of respondent/defendant as follows:

It is ordered, adjudged and decreed that Local Law No. 8 (2008) of the Village of Brockport is constitutional and is not preempted by or inconsistent with state law and as modified the judgment is affirmed without costs.

Memorandum: Petitioner/plaintiff (petitioner), an association of landlords in the...

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