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MATTER OF KINDERHOOK EQUITIES, INC. v. SIMONSMEIER

267 A.D.2d 547 (1999)

699 N.Y.S.2d 199

In the Matter of KINDERHOOK EQUITIES, INC., et al., Respondents, v. WALT SIMONSMEIER, as Building Inspector and Zoning Enforcement officer of the Village of Kinderhook, et al., Appellants. (Proceeding No. 1.) In the Matter of KINDERHOOK EQUITIES, INC., et al., Appellants, v. WALT SIMONSMEIER, as Building Inspector and Zoning Enforcement officer of the Village of Kinderhook, et al., Respondents. (Proceeding No. 2.)

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

Decided December 2, 1999.

Yesawich Jr., J.

Appeal in proceeding No. 2 from a judgment of the Supreme Court (Cobb, J.), entered December 4, 1998 in Columbia County, which dismissed petitioners' application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondents denying petitioners' request for a certificate of occupancy.

Petitioner Kinderhook Equities, Inc. (hereinafter KEI) owns a parcel of property in the...

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