Niagara Mohawk Power Corp. v. Town of Marcy Assessor

Appeal from a judgment (denominated order and judgment) *1302of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered December 14, 2012 in a CPLR article 78 proceeding and declaratory judgment action. The judgment, among other things, granted respondents-defendants’ cross motion for summary judgment dismissing the petitions-complaints.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the provision dismissing the petitions-complaints and granting judgment in favor of respondents-defendants as follows:

It is adjudged and declared that…