MATTER OF TARANTINO v. SULLIVAN


206 A.D.2d 975 (1994)

616 N.Y.S.2d 288

In the Matter of Andrew G. Tarantino, Jr., Appellant, v. Charles B. Sullivan et al., Constituting The Planning Board of the Town of Brookhaven, Respondents. Dorothy Warner, Intervenor-Respondent

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

July 15, 1994


Order unanimously affirmed without costs.

Memorandum:

Petitioner's motion, designated as one for "reargument and renewal", is more properly considered a motion to vacate the judgment dismissing the CPLR article 78 petition based upon newly-discovered evidence (see, CPLR 5015 [a] [2]). Supreme Court properly denied the motion because petitioner failed to demonstrate that the newly-discovered evidence "would probably have produced a different result"...

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