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EAST END RESOURCES, LLC v. TOWN OF SOUTHOLD PLANNING BOARD

2014-00226, Index No. 41341/08.

135 A.D.3d 899 (2016)

26 N.Y.S.3d 79

2016 NY Slip Op 00476

EAST END RESOURCES, LLC, Respondent, v. TOWN OF SOUTHOLD PLANNING BOARD et al., Appellants.

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

Decided January 27, 2016.

Ordered that the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the appellants' motion which were for summary judgment dismissing the third, fifth, seventh, and eighth causes of action, and substituting therefor a provision granting those branches of the motion...

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