East End Resources, LLC v. Town of Southold Planning Board

In a hybrid proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus, to compel the respondents to conduct a public hearing pursuant to Town Law § 274-a (8) on the petitioner’s site plan application and action, inter alia, to recover damages for violation of constitutional rights pursuant to 42 USC § 1983, the petitioner/plaintiff appeals, as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Suffolk County (Sgroi, J.), dated October 8, 2009, as, upon an order of the same court dated May 28, 2009, among other things, converting…