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MATTER OF DERING POINT ASSOC., LLC v. INCORPORATED VIL. OF DERING HARBOR

2019-08239. Index No. 219/18.

199 A.D.3d 913 (2021)

154 N.Y.S.3d 481

2021 NY Slip Op 06353

In the Matter of Dering Point Associates, LLC, et al., Appellants, v. Incorporated Village of Dering Harbor et al., Respondents.

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 Incorporated Village of Dering Harbor, Board of Trustees of Village of Dering Harbor, and Architectural Review Board of Village of Dering Harbor.

MargolinBesunder LLP, Islandia, NY ( Linda U. Margolin and Mark Keurian of counsel), for respondents Brad Goldfarb and Alfredo Paredes.

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

Ordered that the order and judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The petitioners/plaintiffs, Dering Point Associates, LLC, and Timothy Hogue (hereinafter together the appellants), commenced this hybrid proceeding pursuant to CPLR article 78 to review a resolution of the respondent/defendant Board of Trustees of the Village of Dering Harbor (hereinafter Board) dated December 2, 2017, and approved...

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