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MATTER OF ROSBAUGH

1043 CA 23-00370.

2024 NY Slip Op 01661

LEWIS B. ROSBAUGH AND LYNNE T. ROSBAUGH, Petitioners-Respondents-Plaintiffs-Respondents, And TOWN OF LODI, Respondent-Petitioner-Defendant-Appellant, ET AL., Respondent-Defendant-Respondent.

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

Decided March 22, 2024.

Attorney(s) appearing for the Case

HANCOCK & ESTABROOK, LLP, SYRACUSE ( ALAN J. PIERCE OF COUNSEL), FOR RESPONDENT-PETITIONER-DEFENDANT-APPELLANT.

DAVID LEE FOSTER , GENEVA, FOR PETITIONERS-RESPONDENTS-PLAINTIFFS-RESPONDENTS.

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

Appeal from an order and judgment (one paper) of the Supreme Court, Seneca County (Barry L. Porsch, A.J.), entered January 9, 2023, in a proceeding pursuant to CPLR article 75 and action for money damages. The order and judgment confirmed an arbitrator's award and awarded petitioners-respondents-plaintiffs money damages against respondent-petitioner-defendant Town of Lodi.

It is hereby ORDERED that the order and judgment so appealed from is modified on the law by...

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