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IORIO v. MOUNT PLEASANT

131 Misc.2d 395 (1986)

In the Matter of Angelo Iorio et al., Petitioners, v. Town of Mount Pleasant, Respondent; Capelli Development Corporation et al., Intervenors-Respondents.

Supreme Court, Westchester County.

February 25, 1986

Attorney(s) appearing for the Case

William Griff for petitioners. David C. Dempsey for respondent. Pirro & Monsell, P. C., for Capelli Development Corporation and another, intervenors-respondents. Cuddy & Feder (Ruth Roth of counsel), for Steven J. Caspi and another, intervenors-respondents.

GERARD E. DELANEY, J.

In substance this is a CPLR article 78 proceeding brought by petitioners — homeowners located in the Town of Mount Pleasant, County of Westchester and State of New York — to vacate and set aside certain resolutions passed by respondent, Town of Mount Pleasant, which issued a declaration of negative significance under the Environmental Conservation Law and commenced a condemnation proceeding under the Eminent Domain...

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