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MATTER OF ENP ASSOC., LP v. CITY OF ITHACA BD. OF ZONING APPEALS

532245, 533970.

217 A.D.3d 1285 (2023)

193 N.Y.S.3d 334

2023 NY Slip Op 03520

In the Matter of ENP Associates, LP, Appellant, v. City of Ithaca Board of Zoning Appeals et al., Respondents, et al., Respondents. (Proceeding No. 1.) (And Two Other Related Proceedings.) In the Matter of ENP Associates, LP, Appellant, v. City of Ithaca Board of Zoning Appeals et al., Respondents, and Lux Ithaca Holdings, LLC, et al., Respondents. (Proceeding No. 4.).

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

Decided June 29, 2023.

Attorney(s) appearing for the Case

Schlather, Stumbar, Parks & Salk, LLP, Ithaca ( Mark A. Schlechter of counsel), for appellant.

Aaron O. Levine , City Attorney, Ithaca ( Robert A. Sarachan of counsel), for City of Ithaca Board of Zoning Appeals, respondent.

Weaver Mancuso Brightman PLLC, Rochester ( John A. Mancuso of counsel), for Lux Ithaca Holdings, LLC, respondent.

Lynch, Clark, Pritzker and Ceresia, JJ., concur.

Appeals (1) from a judgment of the Supreme Court (Joseph A. McBride, J.), entered October 8, 2020, in Tompkins County, which, among other things, in three proceedings pursuant to CPLR article 78, granted motions by respondents Lux Ithaca Holdings, LLC and City of Ithaca Board of Zoning Appeals to dismiss the petitions against them...

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