Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the defendant's motion for summary judgment and substituting therefor a provision denying the motion as untimely, and (2) by adding a provision thereto that, upon denying the plaintiff's motion for summary judgment on the first cause of action, and, upon searching the record, the defendant is awarded summary judgment declaring that Local Law No. 35 (1999) of the Town of Southold...
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