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TOWN OF RIVERHEAD v. MADONNA

23 A.D.3d 375 (2005)

804 N.Y.S.2d 251

TOWN OF RIVERHEAD, Respondent, v. BRUCE R. MADONNA et al., Defendants. COALITION OF LANDLORDS, HOMEOWNERS & MERCHANTS, INC., Nonparty Appellant. (Matter No. 1.) In the Matter of BRUCE MADONNA et al., Petitioners, v. TOWN OF RIVERHEAD et al., Respondents. (Matter No. 2.)

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

November 7, 2005.

Ordered that the order and judgment is modified, on the facts, on the law, and as a matter of discretion, by deleting the first, second, third, and fifth decretal paragraphs thereof and substituting therefor a provision denying that branch of the motion of the Town of Riverhead, made in matter No. 1, which was to impose costs and sanctions against the appellant pursuant to 22 NYCRR 130-1.1; as so modified, the order and judgment...

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