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MATTER OF DWYER v. TOWN OF STONY POINT

2020-07163. Index No. 31831/20.

196 A.D.3d 692 (2021)

148 N.Y.S.3d 688

2021 NY Slip Op 04548

In the Matter of Margaret Dwyer et al., Respondents, v. Town of Stony Point, Respondent, and Gregory B. Julian et al., Appellants.

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

Decided July 28, 2021.

Attorney(s) appearing for the Case

Michael D. Diederich, Jr. , Stony Point, NY, for appellants.

Certilman Balin Adler & Hyman, LLP, East Meadow, NY ( Jaspreet S. Mayall and Nicole L. Milone of counsel), for petitioners-respondents.

Feerick Nugent MacCartney PLLC, South Nyack, NY ( Brian D. Nugent of counsel), for respondent-respondent.

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

Ordered that the order and judgment is affirmed insofar as appealed from, with one bill of costs to the respondents Margaret Dwyer and William Dwyer, and the respondent Town of Stony Point, appearing separately and filing separate briefs.

In May 2020, Margaret Dwyer and William Dwyer (hereinafter together the Dwyers), residents of the Town of Stony Point, commenced this proceeding pursuant to Town Law § 91 to invalidate a petition (hereinafter the referendum...

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