CARNELIAN FARMS, LLC res, v. VILLAGE OF MUTTONTOWN BUILDING DEPARTMENT ap

MATTER OF CARNELIAN FARMS, LLC res, v. VILLAGE OF MUTTONTOWN BUILDING DEPARTMENT ap — (INDEX NO. 10582/15)Appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (John M. Galasso, J.), entered April 7, 2016. The order and judgment denied the motion of the Village of Muttontown Building Department, Robert Ikes, Kenneth Gehringer, Anthony Toscano, Julianne Wesley Beckerman, Robert Censi, the Incorporated Village of Muttontown, "John Doe," said name being fictitious and unknown to petitioners, the person or party intended to be the Superintendent of the Village of Muttontown Building Department, and "John Doe #2 through John Doe #5," said names being fictitious and unknown to petitioners, the persons or parties intended to be Village of Muttontown Building Inspectors, to dismiss, for failure to exhaust administrative remedies, the petition pursuant to CPLR article 78 to review a determination of the Village of Muttontown Building Inspector requiring the petitioners to obtain additional building permits, and granted the petition.

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MATTER OF CARNELIAN FARMS, LLC res, v. VILLAGE OF MUTTONTOWN BUILDING DEPARTMENT ap — (INDEX NO. 10582/15)Appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (John M. Galasso, J.), entered April 7, 2016. The order and judgment denied the motion of the Village of Muttontown Building Department, Robert Ikes, Kenneth Gehringer, Anthony Toscano, Julianne Wesley Beckerman, Robert Censi, the Incorporated Village of Muttontown, “John Doe,” said name being fictitious and unknown to petitioners, the person or party intended to be the Superintendent of the Village of Muttontown Building Department, and “John Doe #2 through John Doe #5,” said names being fictitious and unknown to petitioners, the persons or parties intended to be Village of Muttontown Building Inspectors, to dismiss, for failure to exhaust administrative remedies, the petition pursuant to CPLR article 78 to review a determination of the Village of Muttontown Building Inspector requiring the petitioners to obtain additional building permits, and granted the petition.

ORDERED that the order and judgment is reversed, on the law, with costs, the appellants’ motion to dismiss the petition is granted, and the proceeding is dismissed.

CARNELIAN FARMS, LLC res, v. VILLAGE OF MUTTONTOWN BUILDING DEPARTMENT ap

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