SCHACHTLER STONE PRODS., LLC v. TOWN OF MARSHALL

750 CA 21-00651.

209 A.D.3d 1316 (2022)

175 N.Y.S.3d 832

2022 NY Slip Op 05652

Schachtler Stone Products, LLC, et al., Respondents, v. Town of Marshall et al., Appellants. John Von Bergen et al., Proposed Intervenors-Appellants. (Appeal No. 1.)

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

Decided October 7, 2022.


Attorney(s) appearing for the Case

ROSSI & ROSSI, NEW YORK MILLS ( VINCENT J. ROSSI, JR. , OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS.

PETER J. DIGIORGIO, JR. , UTICA, FOR PROPOSED INTERVENORS-APPELLANTS.

BROWN, DUKE & FOGEL, P.C., SYRACUSE ( MICHAEL A. FOGEL OF COUNSEL), FOR PLAINTIFFS-PETITIONERS-RESPONDENTS.

Present —Whalen, P.J., Centra, Peradotto, Lindley and NeMoyer, JJ.


Appeals from a judgment (denominated order) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered March 18, 2021. The judgment, among other things, granted relief to plaintiffs/petitioners on their amended complaint/petition and denied a motion to intervene.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the first decretal paragraph and vacating the third decretal paragraph to the extent that...

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