MATTER OF BERNSTEIN v. FEINER


43 A.D.3d 1161 (2007)

842 N.Y.S.2d 556

In the Matter of ROBERT B. BERNSTEIN, Respondent, v. PAUL J. FEINER et al., Respondents. JAY LEON et al., Proposed Intervenor-Appellants.

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

Decided September 25, 2007.


Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the motion for leave to intervene is granted.

The petitioner, a resident of the unincorporated area of the Town of Greenburgh, commenced this hybrid proceeding pursuant to CPLR article 78 and action for a judgment declaring, inter alia, that the Town's 2006 budget improperly imposes the cost of maintaining certain park and recreational facilities that...

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