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MATTER OF NATIONWIDE PROTECTION, LTD. v. RUZICKA

51 A.D.3d 929 (2008)

858 N.Y.S.2d 328

In the Matter of NATIONWIDE PROTECTION, LTD., Respondent, v. JAMES W. RUZICKA et al., Appellants.

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

Decided May 20, 2008.

Ordered and adjudged that the order is reversed insofar as appealed from, on the law, with costs, the motion to dismiss the proceeding for failure to state a claim upon which relief could be granted is granted, the petition is denied, and the proceeding is dismissed.

The petitioner simultaneously applied to the Board of Trustees of the Village of Island Park (hereinafter the Board) to rezone a portion of its property from...

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