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MATTER OF GERSHOW RECYCLING OF RIVERHEAD, INC. v. TOWN OF RIVERHEAD

2017-08382. Index No. 15728/14.

193 A.D.3d 731 (2021)

148 N.Y.S.3d 122

2021 NY Slip Op 02156

In the Matter of Gershow Recycling of Riverhead, Inc., et al., Respondents, v. Town of Riverhead et al., Appellants.

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

Decided April 7, 2021.

Attorney(s) appearing for the Case

McGiff Halverson LLP, Patchogue, NY ( Daniel J. O'Connell , of counsel), for appellants.

Weber Law Group LLP, Melville, NY ( Jason A. Stern of counsel), for respondents.

Austin, J.P., Miller, LaSalle and Barros, JJ., concur.

Ordered that the order and judgment is affirmed, with costs.

In November 2011, the petitioners/plaintiffs (hereinafter petitioners) purchased the subject property, located in Riverhead, where Fred J. Gallo Used Auto Parts, Inc., operated an auto salvage facility. In July 2012, the petitioners submitted a site plan to the Town of Riverhead Planning Department and Building Department to "[r]e-grade, install site drainage, a retaining wall, concrete paving and landscaping...

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