MATTER OF SIERRA CLUB v. VILLAGE OF PAINTED POST

202 CA 13-01558

115 A.D.3d 1310 (2014)

983 N.Y.S.2d 380

2014 NY Slip Op 2166

In the Matter of SIERRA CLUB et al., Respondents, v. VILLAGE OF PAINTED POST et al., Appellants, and WELLSBORO AND CORNING RAILROAD, LLC, Respondent.

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

Decided March 28, 2014.


Appeal from a judgment (denominated order) of the Supreme Court, Steuben County (Kenneth R. Fisher, J.), entered April 8, 2013 in a proceeding pursuant to CPLR article 78. The judgment, insofar as appealed from, denied in part the motion of respondents Village of Painted Post, Painted Post Development, LLC, and SWEPI, LP to dismiss the petition and granted petitioners summary judgment on the first cause of action.

It is hereby ordered that the judgment insofar as...

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