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Matter of Malloy v. Incorporated Village of Sag Harbor

APPEAL by the petitioner, in a hybrid proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Trustees of the Incorporated Village of Sag Harbor, dated July 2, 1996, issued in the form of a negative declaration pursuant to the State Environmental Quality Review A.....

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APPEAL by the petitioner, in a hybrid proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Trustees of the Incorporated Village of Sag Harbor, dated July 2, 1996, issued in the form of a negative declaration pursuant to the State Environmental Quality Review Act (ECL art 8), and an action, in effect, for a judgment declaring that Local Law No. 2 (1996) of Village of Sag Harbor is invalid, from an order and judgment (one paper) of the Supreme Court (Daniel J. Loughlin, J.), dated July 11, 2003, and entered in Suffolk County, which, inter alia, upon denying that branch of his cross motion which was, in effect, for summary judgment declaring that Local Law No. 2 of Village of Sag Harbor is invalid, and granting that branch of the respondents’ motion which was, in effect, for summary judgment declaring that Local Law No. 2 of Village of Sag Harbor is valid, dismissed the proceeding and declared that Local Law No. 2 of Village of Sag Harbor is valid.

Esseks, Hefter & Angel, Riverhead, N.Y. (William W. Esseks, John M. Wagner, and Anthony C. Pasca of counsel), for appellants.

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