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Marcy Excavation Co. v. Town, Throop

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 2004
6 A.D.3d 1097 (N.Y. App. Div. 2004)

Opinion

CA 03-02472.

Decided April 30, 2004.

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered February 11, 2003. The judgment converted the action to a proceeding pursuant to CPLR article 78 and granted defendants' motion to dismiss the proceeding.

MC MAHON AND GROW, ROME (DAVID C. GROW OF COUNSEL), FOR PLAINTIFF-APPELLANT.

HISCOCK BARCLAY, LLP, SYRACUSE (ANDREW J. LEJA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Before: PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER, AND LAWTON, JJ.


ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court.


Summaries of

Marcy Excavation Co. v. Town, Throop

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 2004
6 A.D.3d 1097 (N.Y. App. Div. 2004)
Case details for

Marcy Excavation Co. v. Town, Throop

Case Details

Full title:MARCY EXCAVATION COMPANY, INC., PLAINTIFF-APPELLANT, v. TOWN OF THROOP AND…

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

Date published: Apr 30, 2004

Citations

6 A.D.3d 1097 (N.Y. App. Div. 2004)
775 N.Y.S.2d 627