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TOWN OF BROOKHAVEN v. MMCCAS HOLDINGS, INC.

2014-09130, Index No. 7031/14.

137 A.D.3d 1258 (2016)

29 N.Y.S.3d 389

2016 NY Slip Op 02351

TOWN OF BROOKHAVEN, Appellant, v. MMCCAS HOLDINGS, INC., et al., Respondents, et al., Defendants.

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

Decided March 30, 2016.

Ordered that the order is affirmed, with costs, and the trial in this matter shall be held forthwith.

The defendant MMCCAS Holdings, Inc. (hereinafter MMCCAS), is the owner of three contiguous parcels of real property located in the Town of Brookhaven. A small portion of the property is situated within a J-2 Business Zoning District, while the remainder is situated in an A-1 Residential Zoning District. The property is used for a composting and mulch-processing operation...

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