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MATTER OF BENSON POINT REALTY CORPORATION v. TOWN OF EAST HAMPTON

62 A.D.3d 989 (2009)

880 N.Y.S.2d 144

In the Matter of BENSON POINT REALTY CORPORATION, Respondent, v. TOWN OF EAST HAMPTON, Appellant.

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

Decided May 26, 2009.

Ordered that the order is reversed, on the law, with costs, those branches of the amended petition which were to annul so much of the determination as rezoned the subject parcel on the ground that the Town of East Hampton failed to comply with or provide proper notice pursuant to Town of East Hampton Town Code § 255-9-30 (G), Town Law § 264, and General Municipal Law § 239-m are denied, and the matter is remitted to the Supreme Court, Suffolk County, for further...

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