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MOUNTAINVIEW ASSOCIATES, L.P. V VILLAGE OF HUNTER

0020088/4110, INDEX No. 08-0841, RJI No. 19-08-3655

2008 NY Slip Op 32233 (U)

MOUNTAINVIEW ASSOCIATES, L.P., Petitioner, v. VILLAGE OF HUNTER, WILLIAM MALEY, as Mayor and trustee of the Village of Hunter, MICHAEL TANCREDI, as trustee of the Village of Hunter, and ALAN HIGGINS, as trustee of the Village of Hunter, Respondents.

Supreme Court of the State of New York, County of Greene.

August 11, 2008

Attorney(s) appearing for the Case

Nixon Peabody, LLP, Jena Rotheim, Esq., Albany, New York, Attorneys for Petitioners.

Murphy, Burns, Barber & Murphy, LLP, James J. Bums, Esq., Albany, New York, Attorneys for Respondents.

DECISION and ORDER

Judge: JOSEPH C. TERESI

Mountainview Associates, LP (hereinafter "Mountainview") operates a 32 unit "affordable housing" apartment complex in the Village of Hunter, New York (hereinafter "the Village"). Mountainview commenced this Article 78 special proceeding seeking to exclude its apartment complex from the Village's newly created sewer special improvement district, claiming it derives no benefit therefrom. Alternatively, petitioner...

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