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  5. 176 A.D.2d 291 (1991)
 

MATTER OF HARWOOD v. BD. OF TRS. OF THE INC. VILL. OF SOUTHAMPTON

176 A.D.2d 291 (1991)

In the Matter of Craig Harwood et al., Respondents, v. Board of Trustees of the Incorporated Village of Southampton, Appellant

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

September 23, 1991

Ordered that on the court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, the application is referred to Justice O'Brien, and leave to appeal is granted by Justice O'Brien (CPLR 5701 [b] [1]); and it is further,

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed and the proceeding is dismissed on the merits.

In a proceeding pursuant to CPLR article 78, a court may not...

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