Huntington Ready-Mix Concrete, Inc. v. Town of Southampton

— In a proceeding pursuant to CPLR article 78 to review a determination of the Town Council of the Town of Southampton which denied petitioner Huntington Ready-Mix Concrete, Inc.’s application for a permit to excavate sand and gravel, the appeal is from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), dated May 5,1983, which granted the petition, annulled the determination, and remitted the matter to the Town Council for issuance of the permit.

Case remitted to the Supreme Court, Suffolk County, for an evidentiary hearing consistent herewith to be held within 60 days of service…