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MATTER OF KARMEL v. DELFINO

293 A.D.2d 473 (2002)

740 N.Y.S.2d 373

In the Matter of C.A. KARMEL, Appellant, v. JOSEPH M. DELFINO et al., Respondents.

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

Decided April 1, 2002.

Ordered that the judgment is affirmed, with one bill of costs payable to the municipal respondents.

The petitioner commenced a CPLR article 78 proceeding in 1999 to challenge the approval by the Common Council of the City of White Plains (hereinafter the Common Council), on August 2, 1999, of a site plan for the expansion of the First Assembly of God Church (hereinafter the church). That proceeding was dismissed on the grounds that the petitioner failed to join the...

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