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MATTER OF POSTER v. STROUGH

299 A.D.2d 127 (2002)

752 N.Y.S.2d 326

In the Matter of JOHN F. POSTER, Appellant, v. SCOTT A. STROUGH, as President of the Board of Trustees of the Freeholders and Commonalty of the Town of Southampton, et al., Respondents.

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

October 15, 2002.

Attorney(s) appearing for the Case

Anthony B. Tohill, P.C., Riverhead, for appellant.

Ahmuty, Demers & McManus, Albertson (Neil H. Angel of counsel), for respondents.

FEUERSTEIN, LUCIANO and SCHMIDT, JJ., concur.

OPINION OF THE COURT

PRUDENTI, P.J.

In the case under review on this appeal, and in a case involving a neighboring property (see Matter of Allen v Strough, 301 A.D.2d 11 [decided herewith]), the Board of Trustees of the Freeholders and Commonalty of the Town of Southampton (hereinafter the Board) prohibited two owners of beachfront properties from erecting rock revetments intended to protect their homes from the...

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