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MTR SMITH v. CITY OF NORWICH

532967.

205 A.D.3d 140 (2022)

166 N.Y.S.3d 688

2022 NY Slip Op 02324

In the Matter of DENNIS SMITH, Appellant-Respondent, v. CITY OF NORWICH et al., Respondents-Appellants.

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

Decided April 7, 2022.

Attorney(s) appearing for the Case

Spicer Law Office, Syracuse (Lewis G. Spicer of counsel), for appellant-respondent.

Coughlin & Gerhart, LLP, Binghamton (Angelo D. Catalano of counsel), for respondents-appellants.

GARRY, P.J., LYNCH, PRITZKER and COLANGELO, JJ., concur.

OPINION OF THE COURT

Cross appeals from a judgment of the Supreme Court (Burns, J.), entered October 29, 2020 in Chenango County, which, among other things, granted petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to annul a determination of respondent City of...

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