WESTHAMPTON BEACH ASSOCIATES, LLC, ap, v. INCORPORATED VILLAGE OF WESTHAMPTON BEACH RESPONDENTS def

WESTHAMPTON BEACH ASSOCIATES, LLC, ap, v. INCORPORATED VILLAGE OF WESTHAMPTON BEACH RESPONDENTS def — (INDEX NO. 10493/14)In an action, inter alia, for a judgment declaring that section 197-63(Q)(2) of the Code of the Village of Westhampton Beach is unconstitutionally vague, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Hudson, J.), dated January 26, 2015, as granted that branch of the motion of the defendants Incorporated Village of Westhampton Beach and Incorporated Village of Westhampton Beach Board of Trustees which was pursuant to CPLR 3211(a)(3) to dismiss the cause of action for declaratory relief, and, in effect, denied as academic that branch of the plaintiff's cross motion which was for summary judgment declaring that section 197-63(Q)(2) of the Code of the Village of Westhampton Beach is unconstitutionally vague.

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WESTHAMPTON BEACH ASSOCIATES, LLC, ap, v. INCORPORATED VILLAGE OF WESTHAMPTON BEACH RESPONDENTS def — (INDEX NO. 10493/14)In an action, inter alia, for a judgment declaring that section 197-63(Q)(2) of the Code of the Village of Westhampton Beach is unconstitutionally vague, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Hudson, J.), dated January 26, 2015, as granted that branch of the motion of the defendants Incorporated Village of Westhampton Beach and Incorporated Village of Westhampton Beach Board of Trustees which was pursuant to CPLR 3211(a)(3) to dismiss the cause of action for declaratory relief, and, in effect, denied as academic that branch of the plaintiff’s cross motion which was for summary judgment declaring that section 197-63(Q)(2) of the Code of the Village of Westhampton Beach is unconstitutionally vague.

ORDERED that the order is reversed insofar as appealed from, on the law, without costs or disbursements, that branch of the motion of the defendants Incorporated Village of Westhampton Beach and Incorporated Village of Westhampton Beach Board of Trustees which was pursuant to CPLR 3211(a) (3) to dismiss the cause of action for declaratory relief is denied, that branch of the plaintiff’s cross motion which was for summary judgment declaring that section 197-63(Q)(2) of the Code of the Village of Westhampton Beach is unconstitutionally vague is denied on the merits, upon searching the record, summary judgment is awarded to the defendants Incorporated Village of Westhampton Beach and Incorporated Village of Westhampton Beach Board of Trustees declaring that section 197-63(Q)(2) of the Code of the Village of Westhampton Beach is not unconstitutionally vague, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment, inter alia, declaring that section 197-63(Q)(2) of the Code of the Village of Westhampton Beach is not unconstitutionally vague.

WESTHAMPTON BEACH ASSOCIATES, LLC, ap, v. INCORPORATED VILLAGE OF WESTHAMPTON BEACH RESPONDENTS def

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