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WINDY RIDGE FARM v. ASSESSOR OF THE TOWN OF SHANDAKEN

11 N.Y.3d 725 (2008)

WINDY RIDGE FARM et al., Appellants, v. ASSESSOR OF THE TOWN OF SHANDAKEN et al., Respondents.

Court of Appeals of the State of New York.

Decided August 28, 2008.

Attorney(s) appearing for the Case

Cooper Erving & Savage LLP, Albany (Brian W. Matula of counsel), for appellants.

Van DeWater and Van DeWater, LLP, Poughkeepsie (Amee C. Vantassell of counsel), for Assessor of Town of Shandaken, respondent.

Joshua N. Koplovitz, County Attorney, Kingston, for County of Ulster, respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Central to this appeal is petitioners' claim that the Appellate Division erred in failing to apply the discretionary factors enumerated in Matter of Red Hook/Gowanus Chamber of Commerce v New York City Bd. of Stds. & Appeals (5 N.Y.3d 452 [2005]) before dismissing the proceeding for failure to join necessary...

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