Gannett Co. v. County of Monroe

OPINION OF THE COURT

Memorandum.

Order affirmed, without costs, on the opinion by Madam Justice M. Dolores Denman at the Appellate Division.

We note that in form this case reaches us on a motion to dismiss the petition under CPLR 7804 (subd [f]), and that no answer has yet been served by the county or its officers. Notwithstanding what might therefore be viewed as a procedural awkwardness, on argument before us counsel for all parties agreed that this should be disregarded and that we should proceed to dispose of the appeal on its substantive merits. Specifically, we have assumed, therefore,…