Town of DeWitt v. Surles
This text of 187 A.D.2d 968 (Town of DeWitt v. Surles) 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
—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 [969]*969serving a second notice, the State effectively commenced the site-selection process anew, thus rendering moot the Town’s challenge to the first notice. (Appeal from Order of Supreme Court, Onondaga County, Stone, J. — Dismiss Complaint.) Present — Denman, P. J., Green, Balio and Davis, JJ.
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187 A.D.2d 968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-dewitt-v-surles-nyappdiv-1992.