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DEFREESTVILLE AREA v. TAZBIR

23 A.D.3d 70 (2005)

800 N.Y.S.2d 474

In the Matter of DEFREESTVILLE AREA NEIGHBORHOODS ASSOCIATION, INC., et al., Respondents, v. PAUL TAZBIR, as Supervisor of the Town of North Greenbush, et al., Appellants, et al., Respondents.

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

August 25, 2005.

Attorney(s) appearing for the Case

Linda A.M. Clemente, North Greenbush, for Paul Tazbir, appellant.

Lombardi, Reinhard, Walsh & Harrison P.C., Albany (Mary Elizabeth Slevin of counsel), for Thomas Gallogly and another, appellants.

James R. Reid, Troy, appellant pro se.

Bond, Schoeneck & King P.L.L.C., Albany (Robert H. Feller of counsel) and Hicks & Bailly, Albany (John P. Hicks of counsel), for U.W. Marx, Inc. and another, appellants.

Marc S. Gerstman, Albany, for respondents.

MERCURE, J.P., MUGGLIN, ROSE and LAHTINEN, JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

Petitioners commenced this combined CPLR article 78 proceeding and declaratory judgment action to challenge a determination of respondent Town Supervisor dismissing their petition to incorporate the Village of Defreestville.1 Specifically, after holding public hearings and considering objections to the petition from various parties, the Town...

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