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ALBANO v. TOWN OF ISLIP

No. 0028127/2007, Motion Sequence No. 003 MD, Motion Sequence No 004 MG.

2008 NY Slip Op 32197 (U)

PAUL ALBANO III, Petitioner, For a Judgment pursuant CPLR Article 78 v. TOWN OF ISLIP AND DAVID JANOVER AS TOWN ENGINEER, Respondent.

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

Original Motion Date: September 26, 2007.

Motion Submit Date: June 12, 2008.

Attorney(s) appearing for the Case

Lawrence J. Holt, Esq., Selden, New York, Attorney for Petitioner.

Robert L. Cicale, Islip Town Attorney, Islip, New York, Attorney for Respondents.

EMILY PINES, Judge.

ORDERED, that the Article 78 proceeding brought on by Order to Show Cause (PITTS, J.) dated September 10, 2007 seeking an Order annulling and reversing the decision of the Islip Town Engineer and directing the issuance of a building permit is determined as set forth herein; and it is further

ORDERED, the respondents' motion pursuant to CPLR §3211 to dismiss the petition is determined as set forth...

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