MATTER OF GUTTMAN v. COVERT TOWN BD.

638 CA 20-01094.

197 A.D.3d 1009 (2021)

150 N.Y.S.3d 677

2021 NY Slip Op 04880

In the Matter of Charles Guttman et al., Appellants-Respondents, v. Covert Town Board, Respondent, and Paul Mikeska et al., Respondents-Appellants.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

THE CROSSMORE LAW OFFICE, ITHACA ( ANDREW P. MELENDEZ OF COUNSEL), FOR PETITIONERS-APPELLANTS-RESPONDENTS.

SHARON M. SULIMOWICZ , ITHACA, FOR RESPONDENTS-RESPONDENTS-APPELLANTS.

Present—Smith, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.


It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to respondent Covert Town Board for further proceedings in accordance with the following memorandum: Petitioners appeal and Paul Mikeska and Heidi Mikeska (respondents) cross-appeal from a judgment that, inter alia, granted in part petitioners' CPLR article 78 petition seeking, among other things, to annul the determination of respondent

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