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MATTER OF FRANK J. LUDOVICO SCULPTURE TRAIL CORP. v. TOWN OF SENECA FALLS

1477 OP 18-01073.

173 A.D.3d 1718 (2019)

102 N.Y.S.3d 349

2019 NY Slip Op 04621

In the Matter of the Frank J. Ludovico Sculpture Trail Corp., Petitioner, v. Town of Seneca Falls, Respondent.

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

Decided June 7, 2019.

It is hereby ordered that the determination is unanimously annulled on the law without costs and the petition is granted.

Memorandum: Petitioner commenced this original proceeding pursuant to EDPL 207 seeking to annul a determination of respondent to acquire an easement along a nature trail commemorating the women's rights movement in order to install a sewer line. We agree with petitioner that the determination must be annulled based upon respondent's failure to...

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