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IN THE MATTER OF EAST MORICHES PROPERTY OWNERS' ASSOCIATION, INC. v. PLANNING BOARD OF TOWN OF BROOKHAVEN

2008-04275.

66 A.D.3d 895 (2009)

887 N.Y.S.2d 638

2009 NY Slip Op 7632

In the Matter of EAST MORICHES PROPERTY OWNERS' ASSOCIATION, INC., et al., Appellants, v. PLANNING BOARD OF TOWN OF BROOKHAVEN et al., Respondents.

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

Decided October 20, 2009.

Ordered that the judgment is modified, on the law, by adding a provision thereto dismissing, as unnecessary, the causes of action for a judgment declaring that the site plan approval and issuance of the negative declaration are illegal; as so modified, the judgment is affirmed insofar as appealed from, with one bill of costs payable to the respondents.

In this hybrid proceeding and action, the petitioners-plaintiffs (hereinafter...

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