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MATTER OF RIEDMAN ACQUISITIONS, LLC v. TOWN BD. OF TOWN OF MENDON

1004 CA 19-02370.

194 A.D.3d 1454 (2021)

143 N.Y.S.3d 649

2021 NY Slip Op 02953

In the Matter of Riedman Acquisitions, LLC, et al., Respondents, v. Town Board of Town of Mendon, Appellant. (Appeal No. 2.).

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

SHELDON W. BOYCE, JR. , TOWN ATTORNEY, ROCHESTER ( DAVID C. SIELING OF COUNSEL), FOR RESPONDENT-DEFENDANT-APPELLANT.

FORSYTH, HOWE, O'DWYER, KALB & MURPHY, P.C., ROCHESTER ( ROBERT B. KOEGEL OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-RESPONDENTS.

Present—Carni, J.P., Curran, Winslow and DeJoseph, JJ.

It is hereby ordered that the supplemental judgment insofar as appealed from is unanimously reversed on the law without costs and the award of attorneys' fees is vacated.

Same memorandum as in Matter of Riedman Acquisitions, LLC v Town Bd. of Town of Mendon ([appeal No. 1] 194 A.D.3d 1444 [4th...

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