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MATTER OF LEVEL 3 COMMUNICATIONS, LLC v. ERIE COUNTY

961 CA 15-00302.

132 A.D.3d 1271 (2015)

17 N.Y.S.3d 810

2015 NY Slip Op 07104

In the Matter of LEVEL 3 COMMUNICATIONS, LLC, et al., Appellants, v. ERIE COUNTY et al., Respondents.

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

Decided October 2, 2015.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered November 7, 2014 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment dismissed the petition-complaint.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the petition-complaint is reinstated and granted insofar as petitioners-plaintiffs...

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