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MATTER OF ZIGENFUS v. TOWN OF COHOCTON

644 CA 21-01520.

208 A.D.3d 1611 (2022)

174 N.Y.S.3d 667

2022 NY Slip Op 05426

In the Matter of Chad Zigenfus et al., Appellants, v. Town of Cohocton Town Board et al., Respondents.

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

GARY A. ABRAHAM , GREAT VALLEY, FOR PETITIONERS-APPELLANTS.

YOUNG/SOMMER LLC, ALBANY ( J. MICHAEL NAUGHTON OF COUNSEL), FOR RESPONDENT-RESPONDENT BARON WINDS, LLC.

Present—Smith, J.P., Centra, Lindley, Curran and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: In this hybrid CPLR article 78 proceeding and declaratory judgment action, petitioners appeal from a judgment that, inter alia, dismissed the amended petition and complaint insofar as it sought relief pursuant to CPLR article 78 and declared that respondent Town of Cohocton Town Board (Town Board) did not act unlawfully...

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