Bennett Road Sewer Co. v. Town Board of Camillus

—Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to respondent Town Board of Town of Camillus for further proceedings in accordance with the following Memorandum: The facts of this case are set forth in our prior decision in Bennett Rd. Sewer Co. v Town Bd. (243 AD2d 61). Following our dismissal of that part of the action seeking certain declaratory relief based on the failure to file proofs of service within 15 days after the Statute of Limitations had expired (see, CPLR former 306-b [a]), petitioner commenced this CPLR article 78…