HOGUE v. VILLAGE OF DERING HARBOR

2020-04160. Index No. 610573/18.

199 A.D.3d 904 (2021)

154 N.Y.S.3d 449

2021 NY Slip Op 06347

Timothy Hogue et al., Appellants, v. Village of Dering Harbor et al., Respondents, et al., Defendants.

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

Decided November 17, 2021.


Attorney(s) appearing for the Case

Lamb & Barnosky, LLP, Melville, NY ( Joel M. Markowitz of counsel), for appellants.

O'Shea, Marcincuk & Bruyn, LLP, Southampton, NY ( Wayne D. Bruyn of counsel), for respondents.

LaSalle, P.J., Austin, Wooten and Zayas, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiffs, Timothy Hogue and Dering Point Associates, LLC, own properties located in the Village of Dering Harbor. The plaintiffs commenced this action against, among others, the Village and its Board of Trustees (hereinafter together the Village defendants) seeking, inter alia, a judgment declaring null and void Local Law No. 1 of 2018 (hereinafter 2018 Local Law), which amended section 4-420 of the Village Zoning...

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