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MATTER OF STOCKFIELD v. TOWN BD. OF TOWN OF SOMERS

87 A.D.2d 633 (1982)

In the Matter of Howard F. Stockfield et al., Appellants, v. Town Board of Town of Somers, Respondent

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

March 22, 1982

Judgment reversed, without costs or disbursements, the proceeding is converted to an action for a declaratory judgment, with the petition deemed the complaint and the answer previously served being the answer thereto, and the matter is remitted to Special Term for further proceedings consistent herewith.

The action of the town board sought to be reviewed by petitioners was essentially legislative in nature (see Matter of Amerada Hess Corp. v Lefkowitz,

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