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IN THE MATTER OF EAST BAYSIDE HOMEOWNERS ASSOCIATION, INC. v. CHIN

12 A.D.3d 370 (2004)

783 N.Y.S.2d 305

In the Matter of EAST BAYSIDE HOMEOWNERS ASSOCIATION, INC., et al., Appellants, v. JAMES CHIN et al., Respondents.

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

November 1, 2004.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly dismissed the proceeding for failure to timely join the landowner as a necessary party (see Matter of Ferruggia v Zoning Bd. of Appeals of Town of Warwick, 5 A.D.3d 682 [2004]; Matter of Long Is. Pine Barrens Socy. v Town of Islip, 286 A.D.2d 683 [2001...

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