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MATTER OF HIGHWAY SUPERINTENDENT ASSOCIATION OF ROCKLAND INC. v. TOWN OF CLARKSTOWN

2015-07528. Index No. 2224/12.

150 A.D.3d 731 (2017)

2017 NY Slip Op 03511

54 N.Y.S.3d 60

In the Matter of HIGHWAY SUPERINTENDENT ASSOCIATION OF ROCKLAND, INC., et al., Plaintiffs, and WAYNE BALLARD, as the Town of Clarkstown, New York Superintendent of Highways, Respondent, v. TOWN OF CLARKSTOWN et al., Appellants.

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

Decided May 3, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Rockland County, for the entry of a judgment declaring that Local Law No. 1-2012 of the Town of Clarkstown is void and of no effect.

The Superintendent of Highways of the Town of Clarkstown, Wayne Ballard, among others, commenced this hybrid proceeding pursuant to CPLR article 78 and action seeking, inter alia, a judgment declaring that Local Law...

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