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LEVEL 3 v. CLINTON COUNTY

522214.

144 A.D.3d 115 (2016)

2016 NY Slip Op 06930

40 N.Y.S.3d 227

In the Matter of LEVEL 3 COMMUNICATIONS, LLC, Appellant, v. CLINTON COUNTY et al., Respondents, and VILLAGE OF ROUSES POINT et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided October 20, 2016.

Attorney(s) appearing for the Case

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York City (John G. Nicolich of counsel), for appellant.

Stafford, Owens, Piller, Murnane, Kelleher & Trombley, PLLC, Plattsburgh (Brendan P. Owens of counsel), for Village of Rouses Point and others, respondents.

McCARTHY, LYNCH, ROSE and CLARK, JJ., concur.

OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (Ellis, J.), entered February 27, 2015 in Clinton County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, among other things, partially granted respondents' motions to dismiss the petition/complaint.

Petitioner...

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