Legal Opinion
Matter of Tilcon N.Y., Inc. v. Town of Poughkeepsie
Appellate Division of the Supreme Court of the State of New York
Decided February 11, 2015No. 2013-03609Published
1Opinion of the Court
In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Poughkeepsie dated May 20, 2009, resolving to adopt Local Law No. 11 (2009) of Town of Poughkeepsie, and action for a judgment declaring that Local Law No. 11 (2009) of Town of Poughkeepsie is preempted by state law and is unconstitutional, the petitioner/ plaintiff appeals from an order of the Supreme Court, Dutchess County (Rosa, J.), dated February 20, 2013, which denied its motion for summary judgment declaring that Local Law No. 11 (2009) of Town of Poughkeepsie is inconsistent…
2Cases cited11 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Incorporated Village of Nyack v. Daytop Village, Inc.New York Court of Appeals · 1991
- Chwick v. MulveyAppellate Division of the Supreme Court of the State of New York · 2010
- Town of North Hempstead v. Exxon Corp.New York Court of Appeals · 1981
- Bakery Salvage Corp. v. City of LackawannaNew York Court of Appeals · 1969
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