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IN THE MATTER OF STERNGASS v. TOWN BOARD OF CLARKSTOWN

10 A.D.3d 402 (2004)

781 N.Y.S.2d 131

In the Matter of JACK STERNGASS, Respondent-Appellant v. TOWN BOARD OF TOWN OF CLARKSTOWN et al., Appellants-Respondents. (Matter No. 1.) In the Matter of LEATHER STOCKING ANTIQUES, INC., et al., Respondents-Appellants, v. TOWN OF CLARKSTOWN et al., Appellants-Respondents. (Matter No.2.) In the Matter of LEATHER STOCKING ANTIQUES, INC., et al., Respondents-Appellants, v. ZONING ADMINISTRATOR OF TOWN OF CLARKSTOWN et al., Appellants-Respondents. (Matter No. 3.)

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

Decided August 9, 2004.

Ordered that the appeal from so much of the order and judgment as directed the issuance of a building permit is dismissed as academic, without costs or disbursements, as that portion of the order and judgment was vacated by the order dated September 23, 2002, made upon reargument; and it is further,

Ordered that the order and judgment is modified, on the law, by (1) deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing...

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