COUNTY OF HERKIMER v. VILLAGE OF HERKIMER
This text of COUNTY OF HERKIMER v. VILLAGE OF HERKIMER (COUNTY OF HERKIMER v. VILLAGE OF HERKIMER) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
106 CA 16-00672 PRESENT: CENTRA, J.P., LINDLEY, NEMOYER, CURRAN, AND TROUTMAN, JJ.
IN THE MATTER OF COUNTY OF HERKIMER, PETITIONER-PLAINTIFF-RESPONDENT,
V ORDER
VILLAGE OF HERKIMER, RESPONDENT-DEFENDANT-APPELLANT.
LONGSTREET & BERRY, LLP, FAYETTEVILLE (MICHAEL LONGSTREET OF COUNSEL), FOR RESPONDENT-DEFENDANT-APPELLANT.
THE WEST FIRM, PLLC, ALBANY (THOMAS S. WEST OF COUNSEL), FOR PETITIONER-PLAINTIFF-RESPONDENT.
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Herkimer County (Erin P. Gall, J.) entered February 2, 2016 in a CPLR article 78 proceeding and declaratory judgment action. The judgment declared that petitioner-plaintiff County of Herkimer is immune from the zoning restrictions of respondent-defendant Village of Herkimer in this matter.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: February 3, 2017 Frances E. Cafarell Clerk of the Court
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