Town of Geneva v. City of Geneva

Appeal from a judgment (denominated order) of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered August 8, 2008 in a CPLR article 78 proceeding and plenary action. The judgment, inter alia, dismissed the petition/complaint.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the petition/complaint is reinstated, and respondents/ defendants are granted 20 days from service of the order of this Court with notice of entry to serve and file an answer.

Memorandum: Although respondents/defendants…