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MATTER OF LAKE ANNE REALTY CORP. v. PLANNING BD., TOWN OF BLOOMING GROVE

212 A.D.2d 790 (1995)

624 N.Y.S.2d 843

In the Matter of Lake Anne Realty Corp. et al., Respondents-Appellants, v. Planning Board, Town of Blooming Grove, et al., Appellants-Respondents. (Matter No. 1.) Lake Anne Realty Corp. et al., Respondents-Appellants, v. Town of Blooming Grove, Defendant, et al., Appellants-Respondents. (Matter No. 2.)

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

February 27, 1995

Ordered that the order is reversed insofar as cross-appealed from, without costs or disbursements, by deleting the provision thereof which granted that branch of the motion of the appellants-respondents which was to dismiss the plaintiffs-petitioners' cause of action in Matter No. 2 for a judgment declaring that the 1974 Zoning Ordinance of the Town of Blooming Grove is unconstitutional as applied to them, and that branch of the motion is denied; and it is further,

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