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MATTER OF LYNCH v. BOARD AND TRUSTEES OF FREEHOLDERS & COMMONALTY OF TOWN OF SOUTHAMPTON

No. 0035916/2007, Motion Sequence No's.: 001 MG

2008 NY Slip Op 32123 (U)

In the Matter of the Application of KENNETH LYNCH and VERA LYNCH, Petitioners, For a Judgment under Article 78 of the Civil Practice Law and Rules, v. BOARD AND TRUSTEES OF TH4E FREEHOLDERS & COMMONALTY OF THE TOWN OF SOUTHAMPTON Suffolk County, New York, Respondent.

Supreme Court of the State of the New York, Suffolk County.

Original Motion Date: December 19, 2007.

Motion Submit Date: April 10, 2008.

Attorney(s) appearing for the Case

Esseks, Hefter & Angel, LLP, Riverhead, New York, Attorney for Plaintiff.

Devitt Spellman Barrett, LLP, Smithtown, New York, Attorney for Defendant.

EMILY PINES, Judge.

ORDERED, that the Petition (motion sequence number 001) by KENNETH LYNCH and VERA LYNCH for a Judgment pursuant to CPLR Article 78 annulling the permit issued by respondent dated September 5, 2007, directing and compelling respondent to approve petitioners' application to construct a 165 foot long by 4 foot wide upland walkway, a 55 foot long by 4 foot wide elevated pier, a 16 foot long by 3 foot wide ramp, and a 20 foot long...

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