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MATTER OF TOWN OF SOUTHOLD

50 A.D.3d 1045 (2008)

854 N.Y.S.2d 906

In the Matter of TOWN OF SOUTHOLD (TOWN HALL EXPANSION PROJECT). TOWN OF SOUTHOLD, Respondent; GEORGE C. STANKEVICH et al., Appellants; ATTORNEY GENERAL OF THE STATE OF NEW YORK, Intervenor-Respondent.

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

Decided April 22, 2008.

Ordered that the order and judgment is affirmed, with costs.

The appellants' challenge to the petitioner's condemnation determination on the grounds of bad faith and lack of public purpose was properly raised and addressed in their proceeding pursuant to EDPL 207 (see Matter of Stankevich v Town of Southold, 29 A.D.3d 810 [2006]) and cannot be raised in this proceeding pursuant to EDPL 402 (see Matter of City of New York...

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