Press v. County of Monroe

Order reversed, without costs, motion granted and complaint dismissed. Memorandum: Defendants appeal from an order denying their motion to dismiss plaintiffs’ complaint and directing an immediate trial of the issues pursuant to CPLR 3211 (subd [c]). Plaintiffs are the owners of 135 garden apartments located in the Town of Gates and within the boundaries of defendant sewer district. In their action for a declaratory judgment commenced on June 28, 1978 plaintiffs challenge the validity of the sewer assessments (adopted by the Monroe County Legislature pursuant to County Law, §271) for the years…