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MATTER OF 22-50 JACKSON AVENUE ASSOCIATES, L.P. v. COUNTY OF SUFFOLK

2020-01493. Index No. 419/19.

216 A.D.3d 943 (2023)

190 N.Y.S.3d 101

2023 NY Slip Op 02658

In the Matter of 22-50 Jackson Avenue Associates, L.P., Appellant, v. County of Suffolk et al., Respondents.

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

Decided May 17, 2023.

Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman, LLP, Hauppauge, NY ( John M. Wagner of counsel), for appellant.

Ruskin Moscou Faltischek, P.C., Uniondale, NY ( E. Christopher Murray of counsel), for respondents.

Brathwaite Nelson, J.P., Genovesi, Dowling and Voutsinas, JJ., concur.

In a hybrid proceeding pursuant to CPLR article 78 and action, inter alia, for declaratory relief, the petitioner/plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County (Joseph A. Santorelli, J.), dated October 17, 2019. The order and judgment, insofar as appealed from, granted those branches of the respondents/defendants' motion which were pursuant to CPLR 3211(a) and, in effect, CPLR 7804(f) to dismiss the first through eleventh causes...

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