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IN THE MATTER OF STRUCTURAL TECHNOLOGY v. FOLEY

56 A.D.3d 677 (2008)

In the Matter of STRUCTURAL TECHNOLOGY, INC., Respondent, v. BRIAN FOLEY et al., Appellants.

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

November 18, 2008.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The Supreme Court erred in granting the petition and directing the Town Board of the Town of Brookhaven (hereinafter the Town Board) to consider the petitioner's rezoning application. The Town Board is not required to consider and vote on every application for a zoning change (see Brookhaven Town Code § 85-32 [B] [1]; Matter of Wolff...

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