Ofenloch v. Gaynor

Defendants Dalebass Realty Inc. and Bass & D ’Alesandro, Inc. (hereinafter referred to as “ Dale-bass ”) and Board of Cooperative Educational Services of Nassau County (hereinafter referred to as “ BOCES ”) move to dismiss the complaint herein pursuant to CPLR 3211 (subd. [a], pars. 3, 5, 7) on the grounds of lack of standing, collateral estoppel and failure to state a cause of action, respectively.

In the first cause of action plaintiffs, who are resident taxpayers and voters of the Town of Oyster Bay, seek a permanent injunction against the town to restrain the issuance of building permits…