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MATTER OF JONES

151 CA 23-00120.

2024 NY Slip Op 01634

CAROL L. JONES, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF DONALD J. JONES, DECEASED, JONES-CARROLL, INC., AND SEALAND WASTE LLC, Plaintiffs-Appellants, v. TOWN OF CARROLL AND TOWN BOARD OF TOWN OF CARROLL, Defendants-Respondents.

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

Decided March 22, 2024.

Attorney(s) appearing for the Case

BRAUTIGAM & BRAUTIGAM, LLP, FREDONIA ( DARYL P. BRAUTIGAM OF COUNSEL), FOR PLAINTIFFS-APPELLANTS CAROL L. JONES, INDIVIDUALLY AND AS EXECUTOR.

PRESENT: WHALEN, P.J., BANNISTER, MONTOUR, OGDEN, AND DELCONTE, JJ.

Appeals from an order of the Supreme Court, Chautauqua County (Grace Marie Hanlon, J.), entered December 9, 2022. The order dismissed three causes of action upon a nonjury verdict.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by vacating the ordering paragraphs dismissing the causes of action and granting judgment in favor of defendants as follows:

"It is ADJUDGED and DECLARED that Local Law No. 1 of 2007 of the...

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