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MATTER OF HENRY v. TOWN BOARD OF TOWN OF MANLIUS

74 CA 22-01691.

2024 NY Slip Op 01400

IN THE MATTER OF BARBARA L. HENRY, DIANNE M. BROWN, DAVID J. TAYLOR AND CONNIE M. WHITTON, Petitioners-Plaintiffs-Appellants, v. TOWN BOARD OF TOWN OF MANLIUS, TOWN OF MANLIUS CODES ENFORCEMENT OFFICER AND ABUNDANT SOLAR POWER, INC., Respondents-Defendants-Respondents.

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

Decided March 15, 2024.

Attorney(s) appearing for the Case

DIRK J. OUDEMOOL , SYRACUSE, FOR PETITIONERS-PLAINTIFFS-APPELLANTS.

HARRIS BEACH PLLC, SYRACUSE ( JOSEPH V. FRATESCHI OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS TOWN BOARD OF TOWN OF MANLIUS, AND TOWN OF MANLIUS CODES ENFORCEMENT OFFICER.

HODGSON RUSS LLP, BUFFALO ( DANIEL A. SPITZER OF COUNSEL), FOR RESPONDENT-DEFENDANT-RESPONDENT ABUNDANT SOLAR POWER, INC.

PRESENT: WHALEN, P.J., BANNISTER, GREENWOOD, AND KEANE, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (Gregory R. Gilbert, J.), entered October 5, 2022, in a proceeding pursuant to CPLR article 78 and declaratory judgment action. The judgment dismissed the petition-complaint.

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the provision dismissing those parts of the petition-complaint seeking declarations and granting judgment in...

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