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POLICEMAN'S INC v. MUTTONTOWN

007087/11.

35 Misc.3d 730 (2012)

942 N.Y.S.2d 323

2012 NY Slip Op 22075

OLD BROOKVILLE POLICEMAN'S BENEVOLENT ASSOCIATION, INC., Plaintiff, v. INCORPORATED VILLAGE OF MUTTONTOWN et al., Defendants. In the Matter of PERICLES LINARDOS, Petitioner/Plaintiff, v. BOARD OF TRUSTEES OF THE INCORPORATED VILLAGE OF MUTTONTOWN et al., Respondents/Defendants.

Supreme Court, Nassau County.

Decided March 13, 2012.

Attorney(s) appearing for the Case

Leventhal & Sliney, LLP, Roslyn, and Bee Ready Fishbein Hatter & Donovan, LLP, Mineola, for Incorporated Village of Muttontown, defendant. Cooper Sapir & Cohen, P.C., Melville, for Incorporated Village of Old Brookville and others, defendants. Jaspan Schlesinger LLP, Garden City, for plaintiffs.

OPINION OF THE COURT

STEPHEN A. BUCARIA, J.

Motion by defendants Village of Muttontown and its Board of Trustees to dismiss the amended complaint in action No. 1 is granted, subject to plaintiff's right to proceed to arbitration. Motion by defendant Village to dismiss the amended petition/complaint in action No. 2 for lack of standing is denied. However, the CPLR article 78 petition to annul the village resolution is denied on the merits.

Action...

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