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Decided on July 25, 2007
Supreme Court, Westchester County

24093-06
THE VOZZA LAW FIRM Attorneys for Petitioner 910 East Boston Post Road, 2nd Floor Mamaroneck, New York 10543 By: Antonio Vozza, Esq.
AHMUTY, DEMERS & McMANUS, ESQS.
Attorneys for Respondents
200 I.U. Willets Road
Albertson, New York 11507
By: Matthew P. Donohue, Esq.
Lester B. Adler, J.
Petitioner seeks judgment pursuant to Article 78 of the Civil Practice Law and Rules for an order directing respondents Richard Carroll, as the Inspector of Buildings of the Village of Mamaroneck Building Department, and the Village of Mamaroneck (collectively referred to as the "respondents") to issue a permanent certificate of occupancy for the single-family residence located at 514 Pine Street in the Village of Mamaroneck, New York. Petitioner contends that respondents' refusal to issue a permanent certificate of occupancy is arbitrary, capricious and in bad faith. In lieu of an answer, respondents move to dismiss the petition upon objections in point of law that: 1) the proceeding is time-barred pursuant to CPLR

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