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MATTER OF ALLEGANY MOUNTAIN RESORT, LLC v. TOWN OF EAST OTTO

964 CA 15-00373.

132 A.D.3d 1346 (2015)

17 N.Y.S.3d 529

2015 NY Slip Op 07361

In the Matter of ALLEGANY MOUNTAIN RESORT, LLC, Respondent, v. TOWN OF EAST OTTO, Appellant.

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

Decided October 9, 2015.

Appeal from an order of the Supreme Court, Cattaraugus County (Michael L. Nenno, A.J.), entered May 27, 2014 in proceedings pursuant to RPTL article 7. The order granted the motion of petitioner for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of petitioner's motion with respect to the 57 trailers that are over 400 square feet and...

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