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MATTER OF GREENVILLE FIRE DIST. v. ZONING BD. OF APPEALS OF THE TOWN OF GREENBURGH

2018-01556. Index No. 62209/17.

202 A.D.3d 959 (2022)

159 N.Y.S.3d 707

2022 NY Slip Op 01023

In the Matter of Greenville Fire District, et al., Appellant, v. Zoning Board of Appeals of the Town of Greenburgh et al., Respondents.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Keane & Beane, P.C., White Plains, NY ( Jennifer L. Gray , Drew Victoria Gamils , and Judson K. Siebert of counsel), for appellants.

Timothy W. Lewis , Town Attorney, Greenburgh, NY ( Edward M. Lieberman of counsel), for respondent Zoning Board of Appeals of the Town of Greenburgh.

Harris Beach PLLC, White Plains, NY ( Darius P. Chafizadeh , Mathew T. Dudley , and Bleakley Platt & Schmidt, LLP [ Lino J. Sciarretta ], of counsel), for respondent Formation-Shelbourne Senior Living Services, LLC.

Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn, LLP, Scarsdale, NY ( John J. Hughes of counsel), for respondent Alfred H. Krautter.

Chambers, J.P., Christopher, Zayas and Dowling, JJ., concur.

Ordered that the order and judgment is affirmed, with one bill of costs.

The respondent Formation-Shelbourne Senior Living Services, LLC (hereinafter Formation-Shelbourne) is the prospective purchaser of certain property owned by the respondent Alfred H. Krautter and located on Underhill Road in the Town of Greenburgh. Formation-Shelbourne applied for area variances in relation to its proposed construction of an assisted...

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