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MATTER OF SCHLEGER v. SOKOLOV

135 Misc.2d 431 (1987)

In the Matter of Stanley Schleger et al., Petitioners, v. Richard Sokolov et al., Constituting the Planning Board of the Incorporated Village of Kings Point, Respondents.

Supreme Court, Trial Term, Nassau County.

April 6, 1987

Attorney(s) appearing for the Case

D'Amato, Forchelli, Libert, Schwartz & Mineo (Peter R. Mineo and Richard C. Goldberg of counsel), for petitioner. Schiffmacher, Cullen, Farrell & Limmer (Eugene T. Cullen and Stephen G. Limmer of counsel), for respondents.

GEORGE A. MURPHY, J.

This proceeding arises out of the respondent Board's refusal, by a divided vote, to grant a brief extensipm to petitioners so they could comply with a direction to place and protectively cover a pipe in front of their property to facilitate the continued flow of spring or other water along a nearby ditch. The petitioners contend that this refusal was an arbitrary and illegal deprivation...

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