MATTER OF SUFFOLK PINES, INC. v. HARWOOD


10 A.D.2d 867 (1960)

In the Matter of Suffolk Pines, Inc., Appellant, v. Thomas J. Harwood et al., Constituting The Town Board of the Town of Islip, et al., Respondents

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

April 11, 1960


Order dismissing petition unanimously affirmed, without costs, and without prejudice to any action or proceeding which appellant might be advised to institute, based on the ground that the amendment to the ordinance is unconstitutional, or that respondents willfully withheld the permit and misled and hindered appellant (see Matter of Dubow v. Ross, 254 App. Div. 706).

The record at bar does not bring this case within the rule of the Dubow case. Nor is...

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