MATTER OF WEIKEL v. TOWN OF WEST TURIN

644 CA 18-00076.

162 A.D.3d 1706 (2018)

80 N.Y.S.3d 765

2018 NY Slip Op 04876

In the Matter of Jerry Weikel, Sr., Respondent, v. Town of West Turin et al., Appellants.

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

Decided June 29, 2018.


It is hereby ordered that the judgment insofar as appealed from is unanimously reversed on the law without costs, the motion is denied in its entirety, the declaration is vacated, and defendants-respondents are granted summary judgment dismissing the second cause of action to the extent it seeks declaratory relief.

Memorandum: Defendant-respondent Town of West Turin (Town) enacted Local Law No. 1 of 1997 (Local Law), which allowed the Town to classify certain roads...

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