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MATTER OF JOSEPH REALTY CO. v. TOWN OF BABYLON

250 A.D.2d 614 (1998)

672 N.Y.S.2d 402

In the Matter of Joseph Realty Co. et al., Appellants, v. Town of Babylon et al., Respondents

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

May 4, 1998

Ordered that the judgment is affirmed insofar as appealed from, with costs.

There is no merit to the petitioners' claim that the July 2, 1996, public hearing was held in violation of the Town Law. Although the continued hearing ordered by the Supreme Court was not held within the prescribed time limitations set forth under Town Law § 54 (4), the hearing was properly noticed anew under Town Law § 54 (3). The legal notice, in addition to containing a detailed...

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