MATTER OF HARRIS v. TOWN BOARD OF TOWN OF RIVERHEAD

2008-11002.

73 A.D.3d 922 (2010)

905 N.Y.S.2d 598

In the Matter of JAMES HARRIS et al., Respondents-Appellants, v. TOWN BOARD OF TOWN OF RIVERHEAD et al., Appellants-Respondents, et al., Defendant/Respondent.

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

Decided May 11, 2010.


Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the order and judgment is reversed insofar as appealed from, on the law, those branches of the respective motions of the Town Board of Town of Riverhead and the Town of Riverhead, and Headriver, LLC, which were pursuant to CPLR 3211 (a) (3) and 7804 (f) to dismiss the petition/complaint insofar as asserted against each of them are granted, the motions are otherwise denied as academic...

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