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MATTER OF NICKART REALTY CORP. v. SOUTHOLD TOWN PLANNING BD.

2011-10158, Index No. 29029/10.

109 A.D.3d 930 (2013)

972 N.Y.S.2d 596

2013 NY Slip Op 5909

In the Matter of NICKART REALTY CORP., Respondent, v. SOUTHOLD TOWN PLANNING BOARD et al., Appellants.

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

Decided September 18, 2013.

In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a resolution of the Southold Town Planning Board dated July 12, 2010, which conditionally granted final plat approval for a two-lot subdivision, and action for a judgment declaring that the relevant provisions of chapter 117 of the Code of the Town of Southold, as applied, are illegal, contrary to public policy, and void, the respondents/defendants, Southold Town Planning Board and Southold Town Board...

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