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MATTER OF SHEIVE v. HOLLEY VOLUNTEER FIRE CO.

1195 CA 15-01942.

145 A.D.3d 1584 (2016)

2016 NY Slip Op 08731

43 N.Y.S.3d 924

In the Matter of LAUREN L. SHEIVE, Appellant, v. HOLLEY VOLUNTEER FIRE COMPANY, Respondent.

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

Decided December 23, 2016.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition-complaint is reinstated.

Memorandum: In this hybrid CPLR article 78 and declaratory judgment action, petitioner-plaintiff (petitioner) appeals from a judgment denying and dismissing the petition-complaint (petition). We agree with petitioner that Supreme Court improvidently exercised its discretion in sua sponte dismissing the petition. "`[U]se...

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