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MATTER OF CAPITANO v. TOWN BD. OF THE TOWN OF BROOKHAVEN

2020-04314.

199 A.D.3d 793 (2021)

154 N.Y.S.3d 249

2021 NY Slip Op 06168

In the Matter of Salvatore Capitano et al., Petitioners, v. Town Board of the Town of Brookhaven et al., Respondents.

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

Decided November 10, 2021.

Attorney(s) appearing for the Case

Scheyer & Stern, LLC, Nesconset, NY ( Fredrick P. Stern of counsel), for petitioners.

Annette Eaderesto , Town Attorney, Farmingville, NY ( Kenneth J. Lauri of counsel), for respondents.

LaSalle, P.J., Austin, Wooten and Zayas, JJ., concur.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

In August 2014, Salvatore Capitano and Marlene Capitano (hereinafter together the petitioners), as co-trustees of the Capitano Living Trust (hereinafter the Trust), gave written permission to the Town of Brookhaven Highway Department to "access and repair a failing drainage pipe" running through certain real property owned by the Trust....

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