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Town of Dewitt v. Surles

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 18, 1992
187 A.D.2d 968 (N.Y. App. Div. 1992)

Opinion

November 18, 1992

Appeal from the Supreme Court, Onondaga County, Stone, J.

Present — Denman, P.J., Green, Balio and Davis, JJ.


Order unanimously affirmed with costs. Memorandum: The action for a declaratory judgment and injunction was properly dismissed. That suit challenged the first notice served by the State upon the Town pursuant to Mental Hygiene Law § 41.34, and sought to invalidate the site-selection process undertaken pursuant to that first notice. In serving a second notice, the State effectively commenced the site-selection process anew, thus rendering moot the Town's challenge to the first notice.


Summaries of

Town of Dewitt v. Surles

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 18, 1992
187 A.D.2d 968 (N.Y. App. Div. 1992)
Case details for

Town of Dewitt v. Surles

Case Details

Full title:TOWN OF DEWITT, Appellant, v. RICHARD C. SURLES, as Commissioner of the…

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

Date published: Nov 18, 1992

Citations

187 A.D.2d 968 (N.Y. App. Div. 1992)

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Matter of Town of Dewitt v. Surles

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