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IN THE MATTER OF PECONIC BAYKEEPER, INC. v. SUFFOLK COUNTY LEGISLATURE

17 A.D.3d 370 (2005)

791 N.Y.S.2d 838

In the Matter of PECONIC BAYKEEPER, INC., et al., Appellants, v. SUFFOLK COUNTY LEGISLATURE et al., Respondents.

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

April 4, 2005.

Ordered that the judgment is affirmed; and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the respondents.

The Supreme Court correctly dismissed this CPLR article 78 proceeding. The court correctly determined that the hybrid proceeding and action were moot (see Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714 [1980...

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