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MATTER OF BLOODGOOD v. TOWN OF HUNTINGTON

58 A.D.3d 619 (2009)

871 N.Y.S.2d 644

In the Matter of ROY E. BLOODGOOD et al., Appellants, v. TOWN OF HUNTINGTON et al., Respondents.

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

January 13, 2009.

Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the hybrid proceeding and action insofar as asserted by the petitioners-plaintiffs Alexander Fusaro, Robert Sarducci, and Dennis A. Garetano; as so modified, the judgment is affirmed, with one bill of costs to the petitioners-plaintiffs Alexander Fusaro, Robert Sarducci, and Dennis A. Garetano, that branch of the motion which was pursuant to CPLR 3211 and 7804 (f) to dismiss the...

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