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In the Matter of KING ROAD MATERIALS, INC., Appellant, v. TOWN BOARD OF THE TOWN OF ROTTERDAM, Respondent.

Order affirmed, with costs (see Mobil Oil v. Incorporated Vil. of Roslyn Harbor, 69 Misc.2d 79, 83). The only questions raised and reached on this appeal concern the applicability of section 1684 of the Vehicle and Traffic Law and the determination of the Appellate Division treating the proceeding as an action for declaratory judgment.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.

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MATTER OF KING ROAD MATERIALS v. TOWN BD. OF TOWN
(May 31, 1973)