MATTER OF 24 FRANKLIN AVENUE R.E. CORP. v. TOWN OF HARRISON

2009-08343.

74 A.D.3d 981 (2010)

903 N.Y.S.2d 235

In the Matter of 24 FRANKLIN AVENUE R.E. CORP. et al., Respondents, v. TOWN OF HARRISON et al., Appellants.

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

Decided June 8, 2010.


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the petition is denied, the proceeding is dismissed, and the first, second, third, and fourth causes of action are severed.

The Supreme Court directed Robert Fitzsimmons, the Building Official of the Town/Village of Harrison, to issue certain building permits to the petitioners/plaintiffs (hereinafter the petitioners). The judgment in the instant matter was based in part on a prior...

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