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MATTER OF GORDON v. RUSH

299 A.D.2d 20 (2002)

745 N.Y.S.2d 183

In the Matter of EDWARD S. GORDON et al., Respondents, v. EDWARD T. RUSH et al., Appellants, et al., Respondent.

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

June 24, 2002.

Attorney(s) appearing for the Case

Sive, Paget & Riesel, P.C., New York City (Eric Bregman, Mark A. Chertok and Elizabeth Read of counsel), and David Gilmartin, Town Attorney, Southampton, for appellants.

Esseks, Hefter & Angel, Riverhead (William W. Esseks and Anthony C. Pasca of counsel), for respondents.

FRIEDMANN, ADAMS and TOWNES, JJ., concur.

OPINION OF THE COURT

SMITH, J.P.

The petitioners are owners of various properties which are located in the Town of Southampton, Suffolk County, and border the Atlantic Ocean shoreline. The petitioners are private residential landowners as well as the Bridgehampton Tennis and Surf Club, a private recreational facility. Coastal erosion is a significant concern for the private residential and recreational landowners in that locale. To that end, the Town Board...

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