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IN THE MATTER OF NORTH SHORE FARMS v. TOWN OF RIVERHEAD

2007-04636

2008 NY Slip Op 07245

IN THE MATTER OF NORTH SHORE FARMS, appellant, v. TOWN OF RIVERHEAD, ETC., ET AL., respondents.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Arthur Graseck, Jr., Islip Terrace, N.Y., for appellant.

Jaspan Schlesinger Hoffman LLP, Garden City, N.Y. (Maureen T. Liccione and John C. Farrell of counsel), for respondents.

Before: Reinaldo E. Rivera, J.P., Howard Miller, Daniel D. Angiolillo, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed, with costs.

In January 2005, at a meeting with Town officials, the petitioner received notice that its property had been rezoned to preclude its use as a composting business, and that its application for a special permit for that use of the property was considered academic. The instant proceeding to compel the issuance of the special use permit was not commenced until approximately seven months...

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