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MATTER OF VETERI v. ZONING BD. OF APPEALS OF THE TOWN OF KENT

2018-06093, 2018-12187. Index Nos. 598/17, 603/17.

202 A.D.3d 975 (2022)

2022 NY Slip Op 01030

In the Matter of John Veteri et al., Appellants, v. Zoning Board of Appeals of the Town of Kent et al., Respondents. (Proceeding No. 1.) Hill & Dale Property Owners, Inc., et al., Appellants, v. Town of Kent Zoning Board of Appeals et al., Respondents, et al., Defendant/Respondent. (Proceeding No. 2.)

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Phillip A. Grimaldi, Jr. , Hawthorne, NY, for appellants in Proceeding No. 1.

Alyse D. Terhune , Tuxedo, NY, for appellants in Proceeding No. 2.

Lewis & Greer, P.C., Poughkeepsie, NY ( J. Scott Greer and Regenbaum Arceiro McMillan & Burges [ Veronica McMillan ], of counsel), for respondent Zoning Board of Appeals of the Town of Kent in Proceeding No. 1 and defendant/respondent-respondent Town of Kent Zoning Board of Appeals in Proceeding No. 2

Polsinelli, P.C., New York, NY ( Jason S. Samuels and Aaron E. Zerykier of counsel), for defendants/respondents-respondents Kent Investors II, LLC, and Titan Concrete, Inc., in Proceeding No. 2.

Dillon, J.P., Barros, Wooten and Zayas, JJ., concur.

Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the order and judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the objections in point of law of Titan Concrete, Inc., and Kent Investors II, LLC, that the petitioners and the plaintiffs/petitioners lacked standing are denied, the petition and those portions of the complaint/petition which were pursuant to CPLR...

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