Gerace v. Town of Webb
This text of 12 A.D.3d 1142 (Gerace v. Town of Webb) 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
Appeal from a [1143]*1143judgment (denominated order) of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered June 16, 2003. The judgment dismissed the complaint and declared that Town of Webb Local Law No. 1 of 2002 is constitutional.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the first decretal paragraph and as modified the judgment is affirmed without costs.
Memorandum: Supreme Court erred in dismissing the complaint in this declaratory judgment action, and we therefore modify the judgment by vacating the first decretal paragraph (see Tumminello v Tumminello, 204 AD2d 1067 [1994]). We otherwise affirm. Present—Green, J.P., Scudder, Gorski, Martoche and Hayes, JJ.
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Cite This Page — Counsel Stack
12 A.D.3d 1142, 784 N.Y.S.2d 438, 2004 N.Y. App. Div. LEXIS 14038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerace-v-town-of-webb-nyappdiv-2004.