MATTER OF MORICHES INLET ESTATES PROPERTY OWNERS ASSOCIATION v. TOWN OF BROOKHAVEN


2 A.D.3d 641 (2003)

768 N.Y.S.2d 350

In the Matter of MORICHES INLET ESTATES PROPERTY OWNERS ASSOCIATION et al., Respondents, v. TOWN OF BROOKHAVEN et al., Appellants, and PHEASANT MEADOW FARM, INC., Respondent.

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

December 15, 2003.


Ordered that the appeal is dismissed as academic, with costs.

Initially, since the appellants joined in the motion of the developer to dismiss the proceeding for lack of standing, the appellants are aggrieved by the order denying the motion and may prosecute this appeal (see Ciraolo v Melville Ct. Assoc., 221 A.D.2d 582 [1995]; Voorhees v Babcock & Wilcox Corp., 150 A.D.2d 677

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