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MATTER OF McNALLY v. FEINER

2020-05033. Index No. 63333/19.

191 A.D.3d 981 (2021)

143 N.Y.S.3d 373

2021 NY Slip Op 08185

In the Matter of Michelle McNally et al., Respondents, v. Paul Feiner et al., Appellants.

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

Decided February 24, 2021.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, White Plains, NY ( Robert A. Spolzino and Edward A. Smith, III of counsel), for appellant Paul Feiner.

William S. Greenawalt , White Plains, NY, for appellants Phillip Chonigman, Mona Fraitag, Martin Payson, Michael P. Schwartz, and William Paul Weintraub.

Hugh A. Schwartz , named herein as Hugh Schwartz, Scarsdale, NY, appellant pro se.

Gibson, Dunn & Crutcher LLP, New York, NY ( James L. Hallowell , Adam J. Jantzi , Seth M. Rokosky , and Lauren Myers of counsel), for respondents.

Dillon, J.P., Austin, Duffy and Wooten, JJ., concur.

Ordered that the judgment is reversed, on the law, with one bill of costs payable to the appellants appearing separately and filing separate briefs, the petition is denied, the proceeding is dismissed, and the matter is remitted to the Supreme Court, Westchester County, for the entry of an appropriate amended judgment, inter alia, declaring that the petition for the incorporation of the proposed Village of Edgemont does not comply with the requirements of Village Law article...

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