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NORTH OYSTER BAY BAYMEN'S ASSOCIATION v. TOWN OF OYSTER BAY

2014-01227, 2014-01283

130 A.D.3d 885 (2015)

16 N.Y.S.3d 555

2015 NY Slip Op 06225

NORTH OYSTER BAY BAYMEN'S ASSOCIATION et al., Respondents-Appellants, v. TOWN OF OYSTER BAY, Respondent, and FRANK M. FLOWER & SONS, INC., Appellant-Respondent, et al., Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 22, 2015.

Ordered that the appeal and cross appeal from the order are dismissed; and it is further,

Ordered that the judgment is modified, on the law, by deleting the provisions thereof vacating the 30-year lease extension issued to the defendant Frank M. Flower and Sons, Inc., remitting the matter to the defendant Town of Oyster Bay for the Town of Oyster Bay to conduct a clam density survey, and, in effect, dismissing the seventh cause of action; as so modified, the judgment...

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