VIL. OF CHESTNUT v. RAMAPO


45 A.D.3d 74 (2007)

841 N.Y.S.2d 321

In the Matter of VILLAGE OF CHESTNUT RIDGE et al., Appellants, et al., Petitioners/Plaintiffs, v. TOWN OF RAMAPO et al., Respondents.

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

August 14, 2007.


Attorney(s) appearing for the Case

Zarin & Steinmetz, White Plains (Michael D. Zarin and Jody T. Cross of counsel), for appellants.

Holland & Knight, LLP, New York City (Robert Bergen and Leah Griggs Pauly of counsel), for Town of Ramapo and others, respondents.

Feerick Lynch MacCartney, PLLC, South Nyack (Dennis E. A. Lynch of counsel), for Yeshiva Chofetz Chaim of Radin, respondent.

Rice & Amon, Suffern (Terry Rice of counsel), for Scenic Development, LLC, respondent.

RITTER, COVELLO and BALKIN, JJ., concur.


OPINION OF THE COURT

SPOLZINO, J.P.

The appellants, four villages located within the Town of Ramapo and two residents of the Town, challenge the Town's enactment of a local law permitting adult student living facilities in certain residential zones adjacent to the four villages. The Town cross-moved to dismiss the combined amended petition/complaint (hereinafter the amended petition) in this hybrid CPLR article...

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