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MATTER OF FESTA v. TOWN OF OYSTER BAY

2020-05991, 2020-06255. Index No. 606199/20.

210 A.D.3d 678 (2022)

177 N.Y.S.3d 665

2022 NY Slip Op 06126

In the Matter of Meredith Festa, Appellant, v. Town of Oyster Bay et al., Respondents.

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

Decided November 2, 2022.

Attorney(s) appearing for the Case

Richard Bruce Rosenthal, Huntington Station, NY (Kate M. Cifarelli of counsel), for appellant.

Frank M. Scalera, Town Attorney, Oyster Bay, NY (Matthew M. Rozea and Donna Swanson of counsel), for respondents.

Iannacci, J.P., Rivera, Zayas and Taylor, JJ., concur.

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Town of Oyster Bay to humanely destroy a certain dog, the petitioner appeals from (1) an order and judgment (one paper) of the Supreme Court, Nassau County (Leonard D. Steinman, J.), dated August 3, 2020, and (2) an order of the same court, also dated August 3, 2020. The order and judgment granted that branch of the respondents' motion which was pursuant to CPLR 3211(a) and 7804(f) to...

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