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MATTER OF COUNTY OF HERKIMER v. VILLAGE OF HERKIMER

NO. 106, CA 16-00672

147 A.D.3d 1349 (2017)

45 N.Y.S.3d 834

2017 NY Slip Op 00799

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 February 3, 2017.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Herkimer County (Erin P. Gall, J.) entered February 2, 2016 in a CPLR article 78 proceeding and declaratory judgment action. The judgment declared that petitioner-plaintiff County of Herkimer is immune from the zoning restrictions of respondent-defendant Village of Herkimer in this matter.

[Prior Case History: 51 Misc.3d 516.]

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