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MATTER OF FORTUNA v. PRUSINOWSKI

22 Misc.3d 974 (2008)

870 N.Y.S.2d 742

In the Matter of DAVIN M. FORTUNA et al., Petitioners, v. BRENDA A. PRUSINOWSKI, as Deputy Commissioner of Department of Planning, Environment and Land Management of Town of Brookhaven, et al., Respondents.

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

December 11, 2008.

Attorney(s) appearing for the Case

Scheyer & Jellenik, Nesconset, for petitioners.

J. Lee Snead, Bellport, for respondents.

OPINION OF THE COURT

THOMAS F. WHELAN, J.

It is ordered that this motion (No. 002) by the respondents for an order dismissing the petition served and filed in this special proceeding commenced by the petitioners is considered under CPLR 7803 and 3211 (a) and is granted; and it is further ordered that the petitioners' demands for relief are denied and the petition (No. 001) is dismissed.

Petitioners commenced this special proceeding by the service...

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