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MATTER OF WOOD v. VILLAGE OF PAINTED POST

991 CA 22-00393.

216 A.D.3d 1465 (2023)

189 N.Y.S.3d 845

2023 NY Slip Op 02447

In the Matter of William A. Wood et al., Appellants, v. Village of Painted Post et al., Respondents.

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

Decided May 5, 2023.

Attorney(s) appearing for the Case

LIPPES & LIPPES, BUFFALO ( RICHARD J. LIPPES OF COUNSEL), FOR PETITIONERS-APPELLANTS.

HODGSON RUSS LLP, BUFFALO ( HENRY A. ZOMERFELD OF COUNSEL), FOR RESPONDENTS-RESPONDENTS VILLAGE OF PAINTED POST, PAINTED POST PLANNING BOARD, AND PAINTED POST DEVELOPMENT LLC.

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

Appeal from a judgment (denominated order) of the Supreme Court, Steuben County (Patrick F. McAllister, A.J.), entered August 26, 2021, in a proceeding pursuant to CPLR article 78. The judgment granted respondents' motion to dismiss the amended petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul a determination of respondent...

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