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CEDAR HILL v. PORT JEFFERSON

35684-2009.

28 Misc.3d 1084 (2010)

905 N.Y.S.2d 757

COALITION TO SAVE CEDAR HILL, Petitioner/Plaintiff, v. BOARD OF APPEALS OF THE INCORPORATED VILLAGE OF PORT JEFFERSON et al., Respondents/Defendants.

Supreme Court, Suffolk County.

Decided June 25, 2010.

Attorney(s) appearing for the Case

Cohen & Warren, LLP, Smithtown ( Barry Warren , of counsel), for Board of Appeals of the Incorporated Village of Port Jefferson and others, respondents/defendants.

Bracken & Margolin, LLP, Islandia ( Linda Margolin , of counsel), for Liberty Meadows, LLC, respondent/defendant.

Law Office of Frederick Eisenbud, Commack ( Frederick Eisenbud , of counsel), for petitioner/plaintiff.

OPINION OF THE COURT

EMILY PINES, J.

In the fourth proceeding/action commenced by the petitioner/plaintiff (Coalition), it seeks, by notice of petition (motion sequence No. 001), an order and judgment incorporating the following relief: (1) pursuant to CPLR article 78, declaring the determination of the Zoning Board of Appeals (ZBA) of the Village of Port Jefferson (Village) filed in the office of the Village Clerk on August 13, 2009 null and void, as the...

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