Ordered that the order of the Appellate Term is reversed, with costs, the order of the Justice Court, Town of Rye, is vacated, the petitioner's motion for summary judgment is denied, and the instant matter commenced in the Justice Court is stayed pending resolution of the case of Port Chester Yacht Club v Village of Port Chester, by the Supreme Court, Westchester County.
In October of 1984 the petitioner Village of Port Chester
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