22-50 JACKSON AVENUE ASSOCIATES, L.P. ap, v. SUFFOLK COUNTY WATER AUTHORITY, res

MATTER OF 22-50 JACKSON AVENUE ASSOCIATES, L.P. ap, v. SUFFOLK COUNTY WATER AUTHORITY, res — (INDEX NO. 40761/09)In a hybrid proceeding pursuant to CPLR article 78 and action for declaratory relief, the petitioners/plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Farneti, J.), dated June 2, 2014, which, upon an order of the same court dated January 23, 2014, denying that branch of the petition/complaint which was to annul resolution 221-06-2009 of the Suffolk County Water Authority, directing the dismissal of the cause of action for relief pursuant to CPLR article 78, and denying the petitioners/plaintiffs' motion for summary judgment declaring the subject resolution invalid, and searching the record and awarding summary judgment to the Suffolk County Water Authority, in effect, declaring the subject resolution valid, is in favor of the Suffolk County Water Authority and against them, declaring resolution 221-06-2009 of the Suffolk County Water Authority valid and dismissing the cause of action for relief pursuant to CPLR article 78.

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MATTER OF 22-50 JACKSON AVENUE ASSOCIATES, L.P. ap, v. SUFFOLK COUNTY WATER AUTHORITY, res — (INDEX NO. 40761/09)In a hybrid proceeding pursuant to CPLR article 78 and action for declaratory relief, the petitioners/plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Farneti, J.), dated June 2, 2014, which, upon an order of the same court dated January 23, 2014, denying that branch of the petition/complaint which was to annul resolution 221-06-2009 of the Suffolk County Water Authority, directing the dismissal of the cause of action for relief pursuant to CPLR article 78, and denying the petitioners/plaintiffs’ motion for summary judgment declaring the subject resolution invalid, and searching the record and awarding summary judgment to the Suffolk County Water Authority, in effect, declaring the subject resolution valid, is in favor of the Suffolk County Water Authority and against them, declaring resolution 221-06-2009 of the Suffolk County Water Authority valid and dismissing the cause of action for relief pursuant to CPLR article 78.

ORDERED that the judgment is reversed, on the law, with costs, that branch of the petition/complaint which was to annul resolution 221-06-2009 of the Suffolk County Water Authority based on lack of prior notice and opportunity to be heard is granted, that branch of the petitioners/plaintiffs’ motion which was for summary judgment declaring the subject resolution invalid and void based on lack of proper prior notice and opportunity to be heard is granted, the order dated January 23, 2014, is modified accordingly, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of an amended judgment in accordance herewith.

22-50 JACKSON AVENUE ASSOCIATES, L.P. ap, v. SUFFOLK COUNTY WATER AUTHORITY, res

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