Matter of Mazzanobile v Board of Town Trustees Town of Southold
2008 NY Slip Op 00694 [47 AD3d 934]
January 29, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 12, 2008


In the Matter of Gregory Mazzanobile et al., Respondent,
v
Board of Town Trustees Town of Southold, Appellant.

—[*1] Ahmuty, Demers & McManus, Albertson, N.Y. (Greg Curry and Brendan Fitzpatrick of counsel), for appellant.

Esseks, Hefter & Angel, LLP, Riverhead, N.Y. (Stephen R. Angel and Nancy Silverman of counsel), for respondents.

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Town Trustees Town of Southold dated April 20, 2005, the appeal is from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), dated July 6, 2006, which granted the petition.

Ordered that the judgment is affirmed, with costs.

Under the particular circumstances of this case, the Supreme Court did not err in granting the CPLR article 78 petition. Skelos, J.P., Santucci, Lifson and Carni, JJ., concur.