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MATTER OF HUNTINGTON HILLS ASSOCIATES, LLC v. TOWN OF HUNTINGTON

49 A.D.3d 647 (2008)

852 N.Y.S.2d 786

In the Matter of HUNTINGTON HILLS ASSOCIATES, LLC, Petitioner, v. TOWN OF HUNTINGTON et al., Respondents.

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

Decided March 11, 2008.

Ordered that the branch of the motion which is pursuant to CPLR 3211 and 7804 (f) to dismiss the proceeding is granted; and it is further,

Ordered that the matter is remitted to the Supreme Court, Suffolk County, for further proceedings, including a determination of the remaining branches of the motion and the cross motion, and thereafter for the entry of an appropriate judgment, inter alia, dismissing the proceeding and making an appropriate declaration as to whether...

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