Paliotto v. Cohalan

The petitioner herein, the owner of a parcel of real property north of the Sunrise Highway in Oakdale in the town of Islip, Suffolk County, and shown on “ West Sayville-Oakdale Amended Zoning Map No. 5 ” of the Town of Islip, in a proceeding brought pursuant to article 78 of the Civil Practice Act, challenges the validity of an ordinance enacted by the respondents insofar as it affects his property. The respondents in a motion addressed to the petition seek its dismissal on the grounds that it does not state facts sufficient in law to entitle petitioner to the relief demanded therein (the…