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MATTER OF MARCHAND, JR. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

51 A.D.3d 795 (2008)

858 N.Y.S.2d 282

In the Matter of RONALD MARCHAND, JR., et al., Respondents, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent, and INCORPORATED VILLAGE OF BAYVILLE, Appellant.

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

Decided May 13, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the motion of the Incorporated Village of Bayville which sought to dismiss the cause of action pursuant to RPAPL article 15 for failure to join necessary parties. Contrary to the Village's contention, the petitioners/plaintiffs (hereinafter the plaintiffs) were not collaterally estopped, by virtue of...

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