MATTER OF FILIPOWSKI v. ZONING BOARD OF APPEALS OF VILLAGE OF GREENWOOD LAKE

2009-06250, 2009-06252.

77 A.D.3d 831 (2010)

909 N.Y.S.2d 530

In the Matter of ADAM J. FILIPOWSKI et al., Appellants, v. ZONING BOARD OF APPEALS OF VILLAGE OF GREENWOOD LAKE, Respondent.

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

Decided October 19, 2010.


Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is reversed, on the law, without costs or disbursements, that branch of the motion of the Zoning Board of Appeals of the Village of Greenwood Lake which was to dismiss the petition pursuant to CPLR 3211(a) and 7804(f) on the grounds of res judicata and collateral estoppel is denied, the petition is reinstated, the order is modified accordingly...

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