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MATTER OF THOMAS v. TOWN OF OYSTER BAY

2014-10276, Index No. 17161/11.

152 A.D.3d 777 (2017)

2017 NY Slip Op 05828

59 N.Y.S.3d 416

In the Matter of DARREN E. THOMAS, Appellant, v. TOWN OF OYSTER BAY et al., Respondents, et al., Respondent.

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

Decided July 26, 2017.

Ordered that the order and judgment is affirmed, without costs or disbursements.

The petitioner was charged in the District Court, Nassau County, with maintaining a two-family residence in violation of certain provisions of the Code of the Town Oyster Bay. The District Court denied the petitioner's motion to dismiss the accusatory instrument, inter alia, on the ground of racially-based selective prosecution. Thereafter, the petitioner commenced this proceeding pursuant...

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