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MATTER OF CITY COUNCIL OF CITY OF JAMESTOWN v. TOWN COUNCIL OF TOWN OF ELLICOTT

562 OP 17-01942.

175 A.D.3d 974 (2019)

105 N.Y.S.3d 321

2019 NY Slip Op 06287

In the Matter of City Council of City of Jamestown, Petitioner, v. Town Council of Town of Ellicott et al., Respondents. Falconer Central School District, Intervenor-Respondent. (Proceeding No. 1.)

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

Decided August 22, 2019.

It is hereby ordered that said petition is unanimously dismissed without costs.

Memorandum: In an original proceeding pursuant to General Municipal Law § 712, the City Council of City of Jamestown (petitioner) seeks a determination that the proposed annexation of approximately four acres of land located in the Town of Ellicott and the Village of Falconer is in the over-all public interest. In a separate proceeding pursuant to CPLR article 78 and General Municipal...

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