1. Home
  2. Browse Decisions
  3. NY
  4. 2008 NY
  5. 2008 NY Slip Op 28539
 

IN THE MATTER OF MEDFORD REAL PROPS. v. TOWN BD. OF TOWN OF BROOKHAVEN

16070/2007.

2008 NY Slip Op 28539

IN THE MATTER OF THE APPLICATION OF MEDFORD REAL PROPERTIES, Petitioner, FOR AN ORDER, PURSUANT TO CPLR ARTICLE 78, REVIEWING, AND UPON SUCH REVIEW, REVERSING A CERTAIN DECISION OF THE TOWN BOARD OF THE TOWN OF BROOKHAVEN WITH RESPECT TO A SPECIAL PERMIT DATED MAY 1, 2007 AND FILED WITH THE CLERK OF THE TOWN OF BROOKHAVEN ON MAY 2, 2007, v. THE TOWN BOARD OF THE TOWN OF BROOKHAVEN, BRIAN X. FOLEY, SUPERVISOR, STEVE FIORE-ROSENFELD, KEVIN McCARRICK, KATHLEEN WALSH, CONSTANCE KEPERT, TIMOTHY MAZZEI, CAROL BISSONETTE, ALL CONSTITUTING THE TOWN BOARD OF THE TOWN OF BROOKHAVEN, Respondents.

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

Decided December 31, 2008.

Attorney(s) appearing for the Case

LaReddola, Lester & Associates, LLP, Garden City, New York, Petitioner's Attorneys.

Karen M. Wilutis, Esq., Town Attorney, By: James M. Burke, Esq., The town of Brookhaven One Independence Hill, Respondents' Attorneys.

JOSEPH FARNETI, J.

ORDERED that this petition for a judgment, pursuant to Article 78 of the CPLR and Town Law § 267-c, reversing the decision of respondent TOWN BOARD OF THE TOWN OF BROOKHAVEN ("respondent" or "Town Board") on the grounds that the procedure followed by respondent violates Town Law § 271 (3) and petitioner's due process rights, is hereby GRANTED solely to the extent set forth hereinafter.

I. PROCEDURAL...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases