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DIVISION STREET HOTEL CORP. v. VILLAGE OF SAG HARBOR

60 A.D.3d 888 (2009)

875 N.Y.S.2d 586

DIVISION STREET HOTEL CORP., Doing Business as AMERICAN HOTEL, et al., Appellants, v. VILLAGE OF SAG HARBOR, Respondent.

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

Decided March 24, 2009.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as granted those branches of the defendant-respondent's motion which were for summary judgment dismissing that portion of the second amended complaint-petition which was in the nature of mandamus to compel and dismissing, in part, that portion of the second amended complaint-petition which was in the nature of mandamus to review, is deemed to be an application for leave to appeal, and leave...

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