MATTER OF 989 HEMPSTEAD TURNPIKE, LLC v. TOWN BD. OF THE TOWN OF HEMPSTEAD

2020-04708. Index No. 616855/19.

215 A.D.3d 668 (2023)

187 N.Y.S.3d 662

2023 NY Slip Op 01791

In the Matter of 989 Hempstead Turnpike, LLC, et al., Appellants, v. Town Board of the Town of Hempstead et al., Respondents, et al., Respondent.

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

Decided April 5, 2023.


Attorney(s) appearing for the Case

McLaughlin & Stern, LLP, Garden City, NY (Christian Browne of counsel), for appellants.

Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY (Joseph E. Macy and Daniel J. Evers of counsel), for respondents-respondents.

Iannacci, J.P., Chambers, Wooten and Voutsinas, JJ., concur.


In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Hempstead dated October 2, 2019, which, after a hearing, adopted the recommendation of the Town of Hempstead Landmarks Preservation Commission and designated as a historic landmark the premises known as the Franklin Square Movie Theatre, and action to recover damages for civil rights violations pursuant to 42 USC §...

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