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MATTER OF ROTH v. TOWN OF BROOKHAVEN

101 A.D.2d 864 (1984)

In the Matter of Wayne Roth et al., Respondents, v. Town of Brookhaven et al., Appellants

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

May 21, 1984

¶ Judgment reversed insofar as appealed from, with costs, and the second and third decretal paragraphs are deleted.

¶ Under the facts of this case, it was an improvident exercise of discretion to convert the CPLR article 78 proceeding into an action for a declaratory...

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