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SCHACHTLER STONE PRODS., LLC v. TOWN OF MARSHALL

751 CA 21-00652.

209 A.D.3d 1320 (2022)

174 N.Y.S.3d 912

2022 NY Slip Op 05653

Schachtler Stone Products, LLC, et al., Respondents, v. Town of Marshall et al., Appellants. (Appeal No. 2.)

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.

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.

Appeal from an amended judgment (denominated amended order) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered March 25, 2021. The amended 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 said appeal is unanimously dismissed without costs.

Same memorandum as in Schachtler...

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