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MATTER OF CARNELIAN FARMS, LLC v. LEVENTHAL

2015-03789. Index No. 8643/14.

151 A.D.3d 844 (2017)

2017 NY Slip Op 04833

56 N.Y.S.3d 552

In the Matter of CARNELIAN FARMS, LLC, et al., Respondents, v. PAUL LEVENTHAL, Chairperson, et al., Appellants.

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

Decided June 14, 2017.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The petitioners, Carnelian Farms, LLC, and Hunter's Moon Farm, LLC, are the owner and lessee, respectively, of an approximately 60-acre commercial horse boarding and training facility. The facility began operating pursuant to a special use permit issued by the Village of Muttontown in 1977. The petitioners planned to renovate and upgrade the property...

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