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MATTER OF TILLIM v. VILLAGE OF HUNTER

09-1340, Rji No. 19-09-4476.

2009 NY Slip Op 32411 (U)

IN THE MATTER OF THE APPLICATION OF KEN TILLIM PURSUANT TO CPLR ARTICLE 78 AND FOR A DECLARATORY JUDGMENT KEN TILLIM, Petitioner-Plaintiff, v. VILLAGE OF HUNTER, Respondent-Defendant.

Supreme Court, Greene County.

October 20, 2009.

Attorney(s) appearing for the Case

Malcolm L. Tillim, Esq., Tillim & Shepardson, Esqs., Melville, New York, Attorneys for Petitioner-Plaintiff.

James J. Burns, Esq., Murphy, Burns, Barber & Murphy, LLP., Albany, New York, Attorneys for Respondent-Defendant.

DECISION and ORDER

JOSEPH C. TERESI, Judge.

Ken Tillim (hereinafter "Tillim") commenced this hybrid CPLR Article 78 proceeding and declaratory judgment action challenging the Village of Hunter's (hereinafter "Hunter") fee schedule for connecting to its municipal sewer system. Issue was joined by Hunter, which filed a record of proceedings, answered the petition/complaint, set forth unsubstantiated objections in point of law and submitted no answering affidavit...

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