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MATTER OF AIRPORT PARKING ASSOC., LLC v. TOWN OF N. CASTLE, NY

2018-03451, 2018-06690. Index No. 60828/17.

200 A.D.3d 684 (2021)

154 N.Y.S.3d 839

2021 NY Slip Op 06686

In the Matter of Airport Parking Associates, LLC, Appellant, v. Town of North Castle, NY, et al., Respondents, et al., Respondent.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Albert J. Pirro, Jr. , White Plains, NY, for petitioner/plaintiff-appellant.

Stephens, Baroni, Reilly & Lewis, LLP, White Plains, NY ( Gerald D. Reilly of counsel), for defendants/respondents-respondents Town of North Castle, NY, Town of North Castle, NY Planning Board, and Town of North Castle, NY Town Board.

Cuddy & Feder LLP, White Plains, NY ( William S. Null , Andrew P. Schriever , and Leanne M. Shofi of counsel), for defendant/respondent-respondent 11 New King Street, LLC.

Rivera, J.P., Iannacci, Ford and Dowling, JJ., concur.

Ordered that the order and judgment is affirmed; and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents/defendants appearing separately and filing separate briefs.

The petitioner/plaintiff (hereinafter the petitioner) commenced this hybrid proceeding pursuant to CPLR article 78 and action for declaratory and injunctive relief, challenging Local Law No. 3 of 2017 of the...

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