Legal Opinion

Phillips v. Town of Brookhaven

Appellate Division of the Supreme Court of the State of New York

Decided June 12, 1995PublishedCited by 4 opinions

1Opinion of the Court

In an action, inter alia, for a judgment declaring that the rezoning of the plaintiffs’ property is unconstitutional, invalid, illegal, and void, the defendants appeal from an order of the Supreme Court, Suffolk County (Werner, J.), dated May 1, 1992, which *375denied their motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the defendants’ motion which was to dismiss the plaintiffs’ fourth cause of action, and substituting therefor a provision granting that branch of the…

2Cases cited4 opinions

  1. City of Columbia v. Omni Outdoor Advertising, Inc.Supreme Court of the United States · 1991
  2. Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
  3. Detmer v. AcamporaAppellate Division of the Supreme Court of the State of New York · 1994
  4. Detmer v. AcamporaAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by4 opinions

  1. Brown v. StateDistrict Court, N.D. New York · 2013
  2. New York State Correctional Officers & Police Benevolent Ass'n v. New YorkDistrict Court, N.D. New York · 2012
  3. Roberts v. New YorkDistrict Court, N.D. New York · 2012
  4. Caruso v. Town of Oyster BayNew York Supreme Court · 1997

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