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TOWN OF SMITHTOWN v. HAYNES

278 A.D.2d 312 (2000)

717 N.Y.S.2d 615

TOWN OF SMITHTOWN, Respondent, v. JOHN HAYNES et al., Appellants.

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

Decided December 11, 2000.

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

By decision dated February 25, 1998, written in connection with the defendants' motion for summary judgment and for leave to amend their answer to include the defense of discriminatory enforcement, and the plaintiff's cross motion for summary judgment, the Supreme Court concluded that under the Town of Smithtown Zoning Code the defendants' property located at 10 Fairview Avenue was...

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