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JACINTO v. BARRAUD

60 Misc.2d 570 (1969)

Arnold Jacinto et al., Petitioners, v. Charles W. Barraud et al., Respondents.

Supreme Court, Special Term, Suffolk County.

June 5, 1969

Attorney(s) appearing for the Case

Hull & Donnelly for intervenors-respondents. David A. Sloan for respondents. Richard Paul Gemmelli for petitioners. Alex Pisciotta for intervenors-petitioners.

JACK STANISLAW, J.

Intervenor-respondents Piser and Ford move, pursuant to CPLR 7804, for an order dismissing this article 78 proceeding, contending the petition fails to state a claim as a matter of law. The petition challenges the validity of a rezoning granted by the Town Board of the Town of Brookhaven in the matter of Forwood Holding Corp., on grounds that: (1) proper notice was not given of the public...

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