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MATTER OF WAGSCHAL v. CARDONE

2020-00510. Index No. 7419/19.

215 A.D.3d 753 (2023)

188 N.Y.S.3d 87

2023 NY Slip Op 01898

In the Matter of Herman Wagschal et al., Respondents, v. Anthony Cardone, as Supervisor of the Town of Monroe, et al., Appellants, et al., Respondents.

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

Decided April 12, 2023.

Attorney(s) appearing for the Case

Feerick Nugent MacCartney, PLLC, South Nyack, NY ( Brian D. Nugent and John J. Kolesar III of counsel), for appellants.

Sive, Paget & Riesel, P.C., New York, NY ( Steven Barshov , Alexis Saba , and Dane Warren of counsel), for petitioners-respondents.

Barros, J.P., Miller, Dowling and Warhit, JJ., concur.

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of Anthony Cardone, Supervisor of the Town of Monroe, dated August 26, 2019, which, without a hearing, determined that a petition for the incorporation of the proposed Village of Seven Springs filed on March 29, 2019, did not comply with the requirements of Village Law article 2, Anthony Cardone, in his official capacity as Supervisor of the Town of Monroe, Town Board of Monroe, and Town of...

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