MATTER OF BORELLI v. TOWN OF CLARKSTOWN

2023-03908. Index No. 31181/23.

216 A.D.3d 878 (2023)

188 N.Y.S.3d 667

2023 NY Slip Op 02607

In the Matter of Frank Borelli et al., Respondents, v. Town of Clarkstown et al., Appellants.

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

Decided May 15, 2023.


In a hybrid proceeding pursuant to CPLR article 78 and action for a judgment declaring that Local Law No. 1-2023 of the Town of Clarkstown is invalid, the respondents/defendants appeal from an order and judgment (one paper) of the Supreme Court, Rockland County (Amy S. Puerto, J.), dated March 31, 2023. The order and judgment denied the respondents/defendants' motion, in effect, for summary judgment declaring that Local Law No. 1-2023 is valid, granted the petition, and declared...

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