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MATTER OF AFFILIATED BROOKHAVEN CIVIC ORGS., INC. v. PLANNING BD. OF THE TOWN OF BROOKHAVEN

2019-14073. Index No. 2604/17.

209 A.D.3d 854 (2022)

177 N.Y.S.3d 257

2022 NY Slip Op 05847

In the Matter of Affiliated Brookhaven Civic Organizations, Inc., et al., Appellants, v. Planning Board of the Town of Brookhaven et al., Respondents.

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

Decided October 19, 2022.

Attorney(s) appearing for the Case

Raymond G. Keenan , Shirley, NY, for appellants.

Annette Eaderesto , Town Attorney, Farmingville, NY ( Leigh Rate of counsel), for respondents Planning Board of the Town of Brookhaven, Town Board of the Town of Brookhaven, and Tullio Bertoli, Commissioner of the Department of Planning, Environment and Land Management of the Town of Brookhaven.

Certilman Balin Adler & Hyman, LLP, Hauppauge, NY ( John M. Wagner and Anne M. Molloy of counsel), for respondent Howard Rosengarten and Associates.

Connolly, J.P., Maltese, Wooten and Genovesi, JJ., concur.

In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Town of Brookhaven dated April 17, 2017, which, after a hearing, granted the application of the respondent Howard Rosengarten and Associates for site plan approval and a special use permit, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (H. Patrick Leis III, J.), dated September 26, 2019. The judgment denied the amended petition and, in effect, dismissed...

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