IN MATTER OF MHC GREENWOOD VILLAGE NY LLC v. COUNTY OF SUFFOLK


18 Misc.3d 312 (2007)

852 N.Y.S.2d 599

In the Matter of MHC GREENWOOD VILLAGE NY, L.L.C., Petitioner, v. COUNTY OF SUFFOLK et al., Respondents.

Supreme Court, Nassau County.

August 10, 2007.


Attorney(s) appearing for the Case

McGinity & McGinity, P.C., Garden City (Leo F. McGinity, Jr., of counsel), and Aramanda & Panzarella, P.C., Long Beach (Maria J. Aramanda of counsel), for petitioner.

Christine A. Malafi, County Attorney, Hauppauge, for respondents.


OPINION OF THE COURT

KAREN V. MURPHY, J.

The CPLR article 78 petition is dismissed to the extent that it challenges Local Law 1534 (enacted as Local Law No. 1 [2007] of County of Suffolk, codified at Administrative Local Laws of County of Suffolk ch 383) on the ground of insufficient notice of public hearing. To the extent that the petition challenges Local Law 1534 on substantive grounds, the article 78 proceeding is converted to a declaratory judgment...

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