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

CA 11-01428.

2011 NY Slip Op 09703

A.J. BAYNES FREIGHT CONTRACTORS, LTD., AJAC TRUCKING, LLC, AND LENNON WILLIAMS, PLAINTIFFS-RESPONDENTS, v. NORMAN L. POLANSKI, JR., AS MAYOR OF CITY OF LACKAWANNA, CITY COUNCIL OF CITY OF LACKAWANNA, JAMES L. MICHEL, AS CHIEF OF CITY OF LACKAWANNA POLICE DEPARTMENT AND CITY OF LACKAWANNA, DEFENDANTS-APPELLANTS.

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

Decided December 30, 2011.

Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( DANIEL A. SPITZER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

PHILLIPS LYTLE LLP, BUFFALO ( ALISA A. LUKASIEWICZ OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.

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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