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A.J. BAYNES FREIGHT CONTRS., LTD. v. POLANSKI

CA 11-01428.

90 A.D.3d 1630 (2011)

936 N.Y.S.2d 428

2011 NY Slip Op 9703

A.J. BAYNES FREIGHT CONTRACTORS, LTD., et al., Respondents, v. NORMAN L. POLANSKI, JR., as Mayor of City of Lackawanna, et al., Appellants.

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

Decided December 30, 2011.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating that part of the third decretal paragraph declaring that defendant City of Lackawanna Municipal Code § 215.53 is unconstitutional and as modified the judgment is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking a declaration that section 215.53 of the City of Lackawanna Municipal Code, as amended on March 3, 2009 (hereafter, 2009...

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