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MATTER OF MUTUAL AID ASSN. OF THE PAID FIRE DEPT. OF THE CITY OF YONKERS, N.Y., INC. v. CITY OF YONKERS ZONING BD. OF APPEALS

2019-04925. Index No. 61019/18.

199 A.D.3d 803 (2021)

158 N.Y.S.3d 142

2021 NY Slip Op 06172

In the Matter of Mutual Aid Association of the Paid Fire Department of the City of Yonkers, New York, Inc., Respondent, v. City of Yonkers Zoning Board of Appeals et al., Appellants.

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

Decided November 10, 2021.

Attorney(s) appearing for the Case

Matthew I. Gallagher , Corporation Counsel, Yonkers, NY ( Alain M. Natchev of counsel), for appellant City of Yonkers Zoning Board of Appeals.

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, NY ( Mark P. Weingarten and Diana Bunin Kolev of counsel), for appellants FC Yonkers Associates, LLC, Forest City Ratner Companies, LLC, and Forest City Ratner Companies.

Zarin & Steinmetz, White Plains, NY ( Jody T. Cross , Timothy B. Rode , and Marsha Rubin Goldstein of counsel), for appellant Lowe's Home Centers, LLC.

Silverberg Zalantis, LLC, Tarrytown, NY ( Katherine Zalantis and Christie Tomm Addona of counsel), for respondent.

Dillon, J.P., Christopher, Wooten and Dowling, JJ., concur.

Ordered that the judgment is reversed, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, the petition is denied, and the proceeding is dismissed.

On March 14, 2018, the Yonkers Department of Housing and Buildings issued a certificate of occupancy to Lowe's Home Centers, LLC (hereinafter Lowe's), in connection with an improvement located in the City of Yonkers. The improvement is part of a larger development known...

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