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MATTER OF NATION v. TOWN OF SENECA FALLS

924 CA 22-00808.

213 A.D.3d 1250 (2023)

182 N.Y.S.3d 477

2023 NY Slip Op 00575

In the Matter of Cayuga Nation et al., Appellants, v. Town of Seneca Falls, Respondent, et al., Respondents/Defendants.

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

Decided February 3, 2023.

Attorney(s) appearing for the Case

BARCLAY DAMON LLP, SYRACUSE (LEE ALCOTT OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS.

Present—Whalen, P.J., Smith, Peradotto, Curran and Bannister, JJ.

Appeal from a judgment of the Supreme Court, Seneca County (Daniel J. Doyle, J.), entered March 1, 2022, in a proceeding pursuant to CPLR article 78 and declaratory judgment action. The judgment, insofar as appealed from, granted that part of the motion of respondent/defendant Town of Seneca Falls seeking to dismiss the second cause of action.

It is hereby ordered that the judgment insofar as appealed from is unanimously reversed on the law without costs, the motion...

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