MATTER OF HITNER v. PLANNING BD. OF TOWN OF PATTERSON

2017-08738. 2017-08737. Index Nos. 2607/16, 3067/16.

168 A.D.3d 939 (2019)

90 N.Y.S.3d 898

2019 NY Slip Op 00437

In the Matter of Harry Hitner et al., Petitioners, v. Planning Board of the Town of Patterson et al., Respondents. (Proceeding No. 1.) In the Matter of Harry Hitner, Appellant, v. Town of Patterson Zoning Board of Appeals et al., Respondents. Michele Sweig, Nonparty Appellant. (Proceeding No. 2.)

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

Decided January 23, 2019.


Ordered that the appeal by Michele Sweig is dismissed, as she is not aggrieved by the portion of the judgment appealed from (see CPLR 5511); and it is further,

Ordered that the judgment is affirmed insofar as appealed from by Harry Hitner; and it is further,

Ordered that one bill of costs is awarded to the respondents-respondents.

In this proceeding pursuant to CPLR article 78, the petitioner, Harry Hitner, challenged a determination of the...

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