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MATTER OF GERMAIN v. TOWN OF CHESTER PLANNING BD.

2016-08088. Index No. 12/16.

156 A.D.3d 633 (2017)

64 N.Y.S.3d 578

2017 NY Slip Op 08519

In the Matter of LEONARD L. GERMAIN, JR., Appellant, v. TOWN OF CHESTER PLANNING BOARD, Respondent, et al., Respondent.

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

Decided December 6, 2017.

Ordered that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal from the order, and leave to appeal is granted (see CPLR 5701 [b] [1]; [c]); and it is further,

Ordered that the order is reversed, on the law, without costs or disbursements, the motion of the respondent Town of Chester Planning Board to dismiss the petition insofar as asserted against it for failure to join a necessary party is denied, and the matter...

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