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MATTER OF ROMEO v. TOWN BD. OF THE TOWN OF SMITHTOWN

250 A.D.2d 770 (1998)

672 N.Y.S.2d 778

In the Matter of Salvatore Romeo et al., Appellants, v. Town Board of the Town of Smithtown et al., Respondents

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

May 18, 1998

Ordered that the judgment is affirmed, with costs.

The court properly dismissed this proceeding inasmuch as the rezoning of property is a legislative act and a proceeding pursuant to CPLR article 78 is an inappropriate vehicle for the relief requested (see, Matter of Belviso v Noto, 119 A.D.2d 820).

The petitioners' remaining contentions are...

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