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PEBBLE HILL BLDG. CORP. v. MADELIK

2014-06567, Index No. 45045/10.

143 A.D.3d 684 (2016)

2016 NY Slip Op 06480

38 N.Y.S.3d 433

PEBBLE HILL BUILDING CORP., Appellant, v. PAUL MADELIK et al., Respondents.

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

Decided October 5, 2016.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly concluded that, although brought as a declaratory judgment action, the true nature of the instant matter is directed toward review of an agency determination and, therefore, is governed by CPLR article 78 (see Tornheim v Fiala, 136 A.D.3d 797, 797 [2016]; Spinney at Pond View, LLC v Town Bd. of the Town of Schodack, 99 A.D...

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