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IN THE MATTER OF ANGIOLILLO v. TOWN OF GREENBURGH

21 A.D.3d 1101 (2005)

801 N.Y.S.2d 629

In the Matter of DOMINICK ANGIOLILLO, JR., et al., Respondents, v. TOWN OF GREENBURGH et al., Respondents, and WBRC CORPORATION et al., Appellants.

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

September 26, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.

In 2000 the petitioners-plaintiffs (hereinafter the petitioners) commenced this hybrid proceeding, pursuant to CPLR article 78 challenging the issuance of building permits to construct five single-family homes on the subject property, and action for a permanent injunction and judgment declaring that the subject property is inalienable parkland which must...

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