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MATTER OF BT HOLDINGS, LLC v. VILLAGE OF CHESTER

2017-02303, Index No. 7318/16.

162 A.D.3d 881 (2018)

75 N.Y.S.3d 256

2018 NY Slip Op 04544

In the Matter of BT Holdings, LLC, Respondent, v. Village of Chester et al., Appellants.

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

Decided June 20, 2018.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the respondents/defendants' motion which was pursuant to CPLR 3211 (a) to dismiss the causes of action for a declaratory judgment is granted.

In October 2016, BT Holdings, LLC (hereinafter BT Holdings), commenced this hybrid proceeding pursuant to CPLR article 78 and action for a judgment declaring that Local Law No. 2 of 2016 of the Village of Chester (hereinafter...

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