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MATTER OF 7-ELEVEN, INC. v. TOWN OF HEMPSTEAD

2019-10818, 2019-12935. Index No. 603904/19.

205 A.D.3d 909 (2022)

166 N.Y.S.3d 572

2022 NY Slip Op 03239

In the Matter of 7-Eleven, Inc., et al., Appellants, v. Town of Hempstead et al., Respondents.

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

Decided May 18, 2022.

Attorney(s) appearing for the Case

Amato Law Group, PLLC, Garden City, NY (Alfred L. Amato, Keith W. Corso, and Megan F. Carroll of counsel), for appellant 7-Eleven, Inc.

McLaughlin & Stern, Garden City, NY (Christian Browne of counsel), for appellant Long Beach Auto Parts Warehouse, Inc.

Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY (Peter Sullivan of counsel), for respondents Town of Hempstead, Town of Hempstead Board of Appeals, Town of Hempstead Department of Buildings, and Town of Hempstead Department of Highways.

Thomas A. Adams, County Attorney, Mineola, NY (Robert F. Van der Waag of counsel), for respondents Nassau County and Nassau County Department of Public Works (no brief filed).

Dillon, J.P., Duffy, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the appeal from the judgment is dismissed, as the judgment was superseded by the amended judgment; and it is further,

Ordered that the amended judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents Town of Hempstead, Town of Hempstead Board of Appeals, Town of Hempstead Department of Buildings, and Town of Hempstead Department of Highways.

In a determination dated April 17, 2019, following...

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