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MATTER OF LEWIS HOMES OF N.Y., INC. v. BOARD OF SITE PLAN REVIEW OF THE TOWN OF SMITHTOWN

2019-10169. Index No. 40966/09.

212 A.D.3d 727 (2023)

179 N.Y.S.3d 919

2023 NY Slip Op 00214

In the Matter of Lewis Homes of New York, Inc., et al., Appellants, v. Board of Site Plan Review of the Town of Smithtown et al., Respondents.

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

Decided January 18, 2023.

Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman, LLP, Hauppauge, NY (John M. Wagner of counsel), for appellants.

Devitt Spellman Barrett, LLP, Smithtown, NY (John M. Denby of counsel), for respondents.

Dillon, J.P., Maltese, Wooten and Genovesi, JJ., concur.

In a hybrid proceeding pursuant to CPLR article 78 and action, inter alia, to recover damages pursuant to 42 USC § 1983 for alleged violations of constitutional rights, the petitioners/plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (Sanford Neil Berland, J.), dated May 10, 2019. The order and judgment, insofar as appealed from, granted those branches of the motion of the defendants/respondents which were pursuant to CPLR...

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