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BAY HEAD, INC. v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

2014-05437, Index No. 33045/13.

138 A.D.3d 905 (2016)

30 N.Y.S.3d 655

2016 NY Slip Op 02950

BAY HEAD, INC., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided April 20, 2016.

In an action, inter alia, for declaratory and injunctive relief, the plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County (Santorelli, J.), dated April 17, 2014, as denied their motion for a preliminary injunction and, in effect, sua sponte, directed the dismissal of the amended complaint.

[Prior Case History: 43 Misc.3d 1215(A), 2014 NY Slip Op 50649(U).]

Ordered that on the Court's own motion, the notice of appeal...

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