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MATTER OF TORSOE BROS. CONSTR. CORP. v. ARCHITECTURE & CMTY. APPEARANCE BD. OF REVIEW FOR THE TOWN OF ORANGETOWN

120 A.D.2d 738 (1986)

In the Matter of Torsoe Brothers Construction Corp., Appellant, v. Architecture and Community Appearance Board of Review for the Town of Orangetown, Respondent

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

May 27, 1986

Judgment affirmed insofar as appealed from, with costs.

Although a CPLR article 78 proceeding is not the proper vehicle to challenge the constitutionality of legislative enactments, we will treat the portion of the petition which seeks a declaration that chapter 2 of the Town Code of the Town of Orangetown is unconstitutional, as a declaratory judgment action and thereby dispose of the proceeding on the merits (see

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