CHESTNUT RIDGE ASSOC., LLC v. 30 SEPHAR LANE, INC.

2016-08136. Index Nos. 14674/10, 456/12.

169 A.D.3d 995 (2019)

94 N.Y.S.3d 596

2019 NY Slip Op 01388

Chestnut Ridge Associates, LLC, Plaintiff, v. 30 Sephar Lane, Inc., et al., Defendants. (Matter No. 1.) 30 Sephar Lane, Inc., et al., Respondents, v. Village of Chestnut Ridge Zoning Board of Appeals et al., Appellants. (Matter No. 2.)

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

Decided February 27, 2019.


Ordered that the order and judgment is modified, on the law, by deleting the provision thereof awarding the plaintiffs/ petitioners costs and attorneys' fees pursuant to Public Officers Law § 107 (2); as so modified, the order and judgment is affirmed insofar as appealed from, without costs or disbursements.

The plaintiffs/petitioners in matter No. 2, 30 Sephar Lane and Steve's Lawns, Inc., commenced a hybrid action, inter alia, for declaratory relief, and proceeding...

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