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MATTER OF COUNTY OF HERKIMER v. VILLAGE OF HERKIMER

937 CA 12-02254.

109 A.D.3d 1166 (2013)

971 N.Y.S.2d 764

2013 NY Slip Op 6176

In the Matter of COUNTY OF HERKIMER, Respondent, v. VILLAGE OF HERKIMER, Appellant.

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

Decided September 27, 2013.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Herkimer County (Erin P. Gall, J.) entered August 23, 2012 in a CPLR article 78 proceeding and declaratory judgment action. The judgment declared null and void the February 6, 2012 amendment to the Village of Herkimer's zoning ordinance, denied the motions of respondent-defendant to dismiss and strike and reserved decision with respect to sewer and municipal...

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