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CLAYTON INDUSTRIES, INC. v. CITY OF NEWBURGH

17 A.D.3d 308 (2005)

792 N.Y.S.2d 587

CLAYTON INDUSTRIES, INC., Appellant, v. CITY OF NEWBURGH, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 4, 2005.

Ordered that the appeal from the order dated May 28, 2003, is dismissed, as that order was superseded by the order dated August 27, 2003, made upon reargument; and it is further,

Ordered that the order dated August 27, 2003, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendant.

Section C6.47 (A) of the Charter of the City of Newburgh states: "No action or special proceeding, for any cause...

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