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MATTER OF HACK v. TOWN BOARD OF TOWN OF PUTNAM VALLEY

2020-08332. Index No. 500182/20.

219 A.D.3d 489 (2023)

194 N.Y.S.3d 515

2023 NY Slip Op 04125

In the Matter of Bruce A. Hack et al., Appellants, v. Town Board of Town of Putnam Valley, Respondent.

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

Decided August 2, 2023.

Attorney(s) appearing for the Case

Cuddy & Feder, LLP, White Plains, NY ( Michael V. Caruso of counsel), for appellants.

Van DeWater & Van DeWater, LLP, Poughkeepsie, NY ( Sarah E. Ryan of counsel), for respondent.

Duffy, J.P., Connolly, Christopher and Warhit, JJ., concur.

In a hybrid proceeding pursuant to CPLR article 78 to review a resolution of the Town Board of the Town of Putnam Valley dated January 1, 2020, banning the use of ice-retardant devices on Lake Oscawana, and action for declaratory relief, the petitioners/plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Putnam County (Gina C. Capone, J.), dated May 4, 2020. The order and judgment, insofar as appealed from, granted those branches of the cross-motion...

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