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IN THE MATTER OF WINSTON v. SHARFSTEIN

2008-04243.

2009 NY Slip Op 06441

IN THE MATTER OF TIMOTHY WINSTON, ET AL., respondents, v. ELLEN SHARFSTEIN, ET AL., appellants.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Belkin Burden Wenig & Goldman LLP, New York, N.Y. (Robert T. Holland, Magda L. Cruz, and Alexa Englander of counsel), for appellants.

Singleton and Singleton, Mount Kisco, N.Y. (Thomas J. Singleton of counsel), for respondents.

Before: Peter B. Skelos, J.P., Mark C. Dillon, Joseph Covello, Ariel E. Belen, JJ.

DECISION & ORDER

ORDERED that the proceeding is converted into an action for declaratory and injunctive relief, the notice of petition is deemed to be the summons, and the petition is deemed to be the complaint (see CPLR 103[c]); and it is further,

ORDERED that the judgment is modified, on the law, (1) by deleting the provision thereof, in effect, declaring null and void the agreement the Riverwoods Community Association, Inc., required its members...

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