MATTER OF TAMPONE v. TOWN OF RED HOOK PLANNING BD.

2019-05649. Index No. 51674/18.

215 A.D.3d 859 (2023)

188 N.Y.S.3d 520

2023 NY Slip Op 02011

In the Matter of Dominic Tampone et al., Respondents, v. Town of Red Hook Planning Board et al., Appellants.

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

Decided April 19, 2023.


Attorney(s) appearing for the Case

Keane & Beane, P.C., White Plains, NY ( Joel H. Sachs , Jennifer L. Gray , and Amanda T. Magana of counsel), for appellant Town of Red Hook Planning Board.

Warren S. Replansky, P.C., Rhinebeck, NY, for appellants Daniel Shafer, Vanessa Shafer, Shafer's, LLC, Shafer's Hudson Valley, LLC, and Lorraine DeCarolis.

Whiteman Osterman & Hanna LLP, Albany, NY ( William S. Nolan and Jon E. Crain of counsel), for respondents.

Duffy, J.P., Iannacci, Rivera and Wooten, JJ., concur.


In a hybrid proceeding pursuant to CPLR article 78 to review determinations of the Town of Red Hook Planning Board dated April 2, 2018, and May 7, 2018, adopting a negative declaration under the State Environmental Quality Review Act, and granting the applications of Daniel Shafer and Vanessa Shafer as owners of Shafer's, LLC, for a special use permit and site plan approval, and action for declaratory relief, the respondent/defendant

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