MATTER OF 24 FRANKLIN AVE. R.E. CORP. v. HEASHIP

2014-04334, Index No. 24531/07.

139 A.D.3d 742 (2016)

30 N.Y.S.3d 695

2016 NY Slip Op 03516

In the Matter of 24 FRANKLIN AVE. R.E. CORP. et al., Respondents, v. THOMAS HEASHIP et al., Respondents, and STEPHEN MALFITANO et al., Appellants.

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

Decided May 4, 2016.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the petitioners/ plaintiffs' motion which was for summary judgment directing the Building Official of the Town/Village of Harrison to issue certain building permits to the petitioners/plaintiffs, and substituting therefor a provision denying that branch of the motion and remitting the matter to the Planning Board of the Town/Village of Harrison for further proceedings...

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