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MURPHY v. TOWN OF OYSTER BAY

2016-08802, Index No. 624/12.

171 A.D.3d 1079 (2019)

98 N.Y.S.3d 296

2019 NY Slip Op 02887

Brian C. Murphy, Plaintiff, v. Town of Oyster Bay, Appellant, and State of New York, Respondent, et al., Defendants.

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

Decided April 17, 2019.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiff received a citation from the defendant Town of Oyster Bay for shellfishing without a permit on January 1, 2010. The plaintiff was located in waters around the maritime boundary between Oyster Bay and Long Island Sound, ownership of which is disputed by the Town and the State of New York. On August 5, 2010, the plaintiff commenced this action against the Town, the State, and others...

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