MATTER OF MATHEWSON v. TOWN OF KENT

1042/13.

41 Misc.3d 572 (2013)

972 N.Y.S.2d 428

2013 NY Slip Op 23286

In the Matter of WENDY B. MATHEWSON et al., Petitioners, v. TOWN OF KENT et al., Respondents, and JOHN R. DEARMAN, JR., et al., Intervenors-Respondents.

Supreme Court, Putnam County.

Decided July 15, 2013.


Attorney(s) appearing for the Case

Snyder & Snyder, LLP, Tarrytown ( Robert D. Gaudioso of counsel), for petitioners.

Timothy Curtiss, P.C., Carmel, for respondents.

Costello & Folchetti LLP, Carmel ( Gregory Folchetti of counsel), for intervenors-respondents.


OPINION OF THE COURT

FRANCIS A. NICOLAI, J.

Order to show cause and verified petition seeking a declaratory judgment pursuant to CPLR article 78, CPLR 3001 and Town Law § 91 that a petition requesting a permissive referendum in the Town of Kent be declared null and void as a matter of law, and cross motion of intervenors-respondents1 for an order dismissing the petition, and directing respondents, pursuant to Town Law &...

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