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MATTER OF TILCON NEW YORK, INC. v. TOWN OF POUGHKEEPSIE

2010-02429.

87 A.D.3d 1148 (2011)

930 N.Y.S.2d 34

2011 NY Slip Op 6849

In the Matter of TILCON NEW YORK, INC., Appellant, v. TOWN OF POUGHKEEPSIE et al., Respondents.

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

Decided September 27, 2011.

Ordered that the order and judgment is modified, on the law, (1) by deleting the provision thereof declaring that Local Law No. 11 (2009) of Town of Poughkeepsie is not preempted by or inconsistent with provisions of the Vehicle and Traffic Law, (2) by deleting the provision thereof declaring that Local Law No. 11 (2009) of Town of Poughkeepsie does not violate the Equal Protection Clauses of the United States or New York Constitutions...

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