MATTER OF AJM CAPITAL II, LLC v. INCORPORATED VILLAGE OF MUTTONTOWN

2013-09293

130 A.D.3d 1018 (2015)

14 N.Y.S.3d 476

2015 NY Slip Op 06335

In the Matter of AJM CAPITAL II, LLC, Appellant, v. INCORPORATED VILLAGE OF MUTTONTOWN, Respondent.

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

Decided July 29, 2015.


Ordered that on the Court's own motion, the notice of appeal from the order is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof granting the respondent's motion to dismiss the petition, and substituting therefor a provision denying the motion; as so modified, the...

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