Legal Opinion
Huntington Hills Associates, LLC v. Town of Huntington
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 2008PublishedCited by 10 opinions
1Opinion of the Court
*648The Supreme Court should have determined that branch of the motion which was to dismiss the proceeding (see CPLR 7804 [f], [g]). Moreover, the Supreme Court erroneously transferred the proceeding to this Court pursuant to CPLR 7804 (g) (see Matter of Halperin v City of New Rochelle, 24 AD3d 768, 769-770 [2005]). However, the record is sufficient to facilitate review and disposition of that branch of the motion which was to dismiss the proceeding (see CPLR 7804 [g]; Matter of 125 Bar Corp. v State Liq. Auth. of State of N.Y., 24 NY2d 174, 180 [1969]). A declaratory judgment action, and not a…
2Cases cited4 opinions
- Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
- 125 Bar Corp. v. State Liquor AuthorityNew York Court of Appeals · 1969
- P & N Tiffany Properties, Inc. v. Village of TuckahoeAppellate Division of the Supreme Court of the State of New York · 2006
- Herman v. Incorporated Village of TivoliAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by10 opinions
- Sonne v. Board of Trustees of Village of SuffernAppellate Division of the Supreme Court of the State of New York · 2009
- Applegate v. HeathAppellate Division of the Supreme Court of the State of New York · 2011
- Coleman v. Town of EastchesterAppellate Division of the Supreme Court of the State of New York · 2010
- National Fuel Gas Supply Corp. v. Town of WalesDistrict Court, W.D. New York · 2012
- Colortone Camera, Inc. v. New York State Compensation Insurance Rating BoardAppellate Division of the Supreme Court of the State of New York · 2013
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