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MATTER OF SUNCO HOLDING CORP. v. TOWN OF VESTAL

533063.

204 A.D.3d 1143 (2022)

166 N.Y.S.3d 374

2022 NY Slip Op 02326

In the Matter of Sunco Holding Corp., Doing Business as U-Save Towing & Recovery, Appellant, v. Town of Vestal, Respondent.

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

Decided April 7, 2022.

Attorney(s) appearing for the Case

McElroy, Deutsch, Mulvaney & Carpenter, LLP, Rochester ( Jodie L. Ryan of counsel), for appellant.

David S. Berger , Vestal, for respondent.

Lynch, J.P., Aarons, Colangelo and Fisher, JJ., concur.

Respondent maintains a rotational list of vendors that are approved to provide towing services on its behalf (hereinafter the towing list), and petitioner was added to that list in May 2016. In August 2017, respondent's chief of police promulgated a formal policy regarding such vendors (hereinafter the policy). Shortly thereafter, petitioner...

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