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MATTER OF GUTTMAN v. COVERT TOWN BD.

954 CA 20-01094.

214 A.D.3d 1464 (2023)

186 N.Y.S.3d 870

2023 NY Slip Op 01632

In the Matter of Charles Guttman et al., Appellants-Respondents, v. Covert Town Board, Respondent, and Paul Mikeska et al., Respondents-Appellants.

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

Decided March 24, 2023.

Attorney(s) appearing for the Case

THE CROSSMORE LAW OFFICE, ITHACA ( ANDREW P. MELENDEZ OF COUNSEL), FOR PETITIONERS-APPELLANTS-RESPONDENTS.

SHARON M. SULIMOWICZ , ITHACA, FOR RESPONDENTS-RESPONDENTS-APPELLANTS.

PATRICK J. MORRELL , SENECA FALLS, FOR RESPONDENT-RESPONDENT.

Present—Whalen, P.J., Smith, Lindley, Curran and Montour, JJ.

Appeal and cross appeal from a judgment (denominated order and judgment) of the Supreme Court, Seneca County (Daniel J. Doyle, J.), entered May 15, 2020, in a proceeding pursuant to CPLR article 78. The judgment, inter alia, granted the petition in part.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to respondent Covert Town Board for further proceedings in accordance with the following memorandum: Petitioners appeal...

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