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VIL OF ASHAROKEN v. PITASSY

119 A.D.2d 404 (1986)

Incorporated Village of Asharoken, Respondent, v. Caesar L. Pitassy et al., as Trustees under a Trust Agreement Dated June 19, 1978, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 14, 1986

Attorney(s) appearing for the Case

Cahn, Wishod, Wishod & Lamb (Richard C. Cahn of counsel), for Caesar L. Pitassy and another, appellants, and Corwin & Matthews (Charles T. Matthews and Eleanor J. Ostrow of counsel), for Sandpiper Farm Riding School, Inc., appellant; Paul, Weiss, Rifkind, Wharton & Garrison (Edward N. Costikyan), of counsel to both firms. (One brief filed.)

Jonathan Heidelberger, Village Attorney, for respondent.

LAZER, J. P., BRACKEN and KUNZEMAN, JJ., concur.

WEINSTEIN, J.

The central issue to be resolved herein is whether the defendant Sandpiper Farm Riding School, Inc. (hereinafter Sandpiper), constitutes a "private school" within the meaning of the Village of Asharoken Zoning Ordinance § 301 (5), thereby qualifying it for categorization as a permitted use pursuant to said ordinance. Although the issue of whether a riding academy can be considered a school...

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