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MATTER OF MENSCH v. PLANNING BD. OF THE VIL. OF WARWICK

2018-12524. Index No. 2552/18.

189 A.D.3d 1245 (2020)

138 N.Y.S.3d 621

2020 NY Slip Op 07578

In the Matter of Linda Mensch et al., Appellants, v. Planning Board of the Village of Warwick et al., Respondents. Boris Rudzinski et al., Nonparty Respondents.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

David K. Gordon , Poughkeepsie, NY, for appellants.

Dickover, Donnelly & Donovan, LLP, Goshen, NY ( Michael H. Donnelly and David A. Donovan of counsel), for respondent Planning Board of the Village of Warwick and nonparty-respondent Boris Rudzinski.

Jacobowitz & Gubits, LLP, Walden, NY ( John C. Capello and Kara J. Cavallo of counsel), for respondent 16 Elm Street Realty, LLC.

Peter D. Barlet , Warwick, NY, for nonparty-respondents Frank Petrucci, Lynn Crane, and Glenn Petrucci.

Rivera, J.P., Roman, Duffy and Barros, JJ., concur.

Ordered that the order and judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Siblings Frank D. Petrucci, Lynn Crane, and Glenn Petrucci (hereinafter collectively the owners) own property in the Village of Warwick, located at 16 Elm Street (hereinafter the property). In January 2017, developer 16 Elm Street Realty, LLC (hereinafter the developer), sought approval of a site plan (hereinafter the site plan...

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