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MATTER OF TOWN OF MONTAUK, INC. v. PATAKI

40 A.D.3d 772 (2007)

835 N.Y.S.2d 447

In the Matter of TOWN OF MONTAUK, INC., Appellant, v. GEORGE E. PATAKI et al., Respondents.

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

Decided May 8, 2007.

Ordered that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The amended petition in this CPLR article 78 proceeding was properly denied, since the petitioner has no standing to bring this proceeding (see Rudder v Pataki, 93 N.Y.2d 273, 278 [1999]). The petitioner, "Town of Montauk, Inc.," is not an established corporation, since it has filed no...

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