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MATTER OF JDM HOLDINGS, LLC v. VILLAGE OF WARWICK

2018-00200. Index No. 1282/16.

200 A.D.3d 880 (2021)

160 N.Y.S.3d 297

2021 NY Slip Op 06998

In the Matter of JDM Holdings, LLC, Appellant, v. Village of Warwick et al., Respondents.

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

Decided December 15, 2021.

Attorney(s) appearing for the Case

Ostrer & Associates, P.C., Chester, NY ( Benjamin Ostrer and Cynthia Dolan of counsel), for appellant.

Drake Loeb PLLC, New Windsor, NY ( Stephen J. Gaba of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Christopher and Zayas, JJ., concur.

Ordered that the order and judgment is modified, on the law, by deleting the provision thereof dismissing so much of the complaint/petition as sought declaratory relief regarding the adoption and constitutionality of Local Law No. 14 of 2015 of the Village of Warwick, and adding thereto a provision declaring that the adoption of Local Law No. 14 of 2015 of the Village of Warwick was a valid and constitutional exercise of the Village...

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