NEW YORK & ATLANTIC RAILWAY COMPANY, THE LONG ISLAND RAIL ROAD COMPANY and COASTAL DISTRIBUTION, LLC, Plaintiffs,
v.
THE TOWN OF BABYLON, Defendant. and
THE TOWN OF BABYLON BOARD OF ZONING and PINELAWN CEMETERY, Additional Defendants.
GLYNN MERCEP and PURCELL, LLP, 57 North Country Road, Stony Brook, New York 11790-0712, Attorney for Plaintiff NY & Atlantic Railway.
JAY SAFAR, ESQ. , 267 Carleton Avenue, Suite 301, Central Islip, New York 11722, Attorney for Plaintiff Long Island Railroad.
LAZER APTHEKER, ROSELLA & YEDID, P.C., 225 Old Country Road, Melville, New York 11747, Attorney for Plaintiff Coastal Distribution.
JAMES P. CLARK , P.C., 256 Main Street, Suite 202, Northport, New York 11768, Attorney for Defendants Town of Babylon and Town of Babylon Board of Zoning.
MARK A. CUTHBERTSON, ESQ. , 434 New York Avenue, Huntington, New York 11743, Attorney for Defendant Pinelawn Cemetery.
Supreme Court, Suffolk County.
DANIEL MARTIN, Judge.
It is,
ORDERED that these motions are hereby consolidated for purposes of this determination; and it is further
ORDERED that the motion by the defendant Town of Babylon and additional defendant Town of Babylon Board of Zoning for an order pursuant to CPLR 3211 (a) (1) and (7) dismissing the first, second and third causes of action in the complaint is denied; and it is further
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