MATTER OF ATLANTIC SHORES BUILDERS & DEVELOPERS, INC. v. MODELEWSKI

2009-04115

73 A.D.3d 762 (2010)

899 N.Y.S.2d 630

In the Matter of ATLANTIC SHORES BUILDERS & DEVELOPERS, INC., Respondent, v. CHRISTOPHER MODELEWSKI et al., Appellants.

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

Decided May 4, 2010.


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

The petitioner purchased a lot in the Town of Huntington with a deeded right-of-way to a public street. While constructing a single-family residence, the petitioner sought to subdivide the property to create a second lot which would not have frontage on a public street. Upon denial of the subdivision...

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