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MATTER OF BALL v. TOWN OF BALLSTON

527859.

182 A.D.3d 818 (2020)

123 N.Y.S.3d 233

2020 NY Slip Op 02300

In the Matter of Richard A. Ball, as Commissioner of Agriculture and Markets, Respondent-Appellant, v. Town of Ballston et al., Respondents, and Katz Excavating and Construction, LLC, Appellant-Respondent. (Proceeding No. 1.). In the Matter of Katz Excavating and Construction, LLC, Appellant-Respondent, v. Town of Ballston et al., Respondents, and Richard A. Ball, as Commissioner of Agriculture and Markets, Respondent-Appellant. (Proceeding No. 2.).

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

Decided April 16, 2020.

This matter comes before us for a second time, and a brief recitation of events is in order (173 A.D.3d 1304 [2019], lv denied 34 N.Y.3d 903 [2019]). In 2004, respondent Town of Ballston sought to extend a water main (hereinafter Extension No. 14) within Saratoga County Agricultural District No. 2. Pursuant to Agriculture and Markets...

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