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TOMASULO v. VILLAGE OF FREEPORT

2015-08659. Index No. 1902/15.

151 A.D.3d 1100 (2017)

58 N.Y.S.3d 440

2017 NY Slip Op 05260

ROBERT TOMASULO, Appellant, v. VILLAGE OF FREEPORT, Respondent. WILLIAM M. GOODHUE, JR., Nonparty Appellant.

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

Decided June 28, 2017.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff, Robert Tomasulo (hereinafter the Tenant), appearing pro se, commenced this CPLR article 78 proceeding against the Village of Freeport seeking, inter alia, a judgment declaring that sections 171-1 and 210-3 of the Freeport Village Code are unconstitutional. The Tenant contended that he...

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