King v. Town Council
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Appeal from a judgment of the Supreme Court (Stein, J.), entered August 19, 2005 in Greene County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, denied petitioner’s motion for reconsideration.
Petitioner commenced this hybrid CPLR article 78 proceeding and civil action seeking to compel respondents to remove portions of a guardrail which blocked access to stairs and a walkway on the premises where he resided. In the alternative, petitioner sought to recover monetary damages. Supreme Court thereafter granted a motion by respondents to dismiss…
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