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MATTER OF FOX v. PLANNING BOARD OF THE INCORPORATED VILLAGE OF PLANDOME

2021-07660. Index No. 601136/21.

220 A.D.3d 772 (2023)

196 N.Y.S.3d 176

2023 NY Slip Op 05131

In the Matter of Mitchel Fox et al., Appellants, v. Planning Board of the Incorporated Village of Plandome et al., Respondents.

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

Decided October 11, 2023.

Attorney(s) appearing for the Case

Walsh Markus McDougal & DeBellis, LLP, Garden City, NY ( Kevin M. Walsh of counsel), for appellants.

Morici & Morici, LLP, Garden City, NY ( Paul R. Pepper of counsel), for respondent Planning Board of the Incorporated Village of Plandome.

Forchelli Deegan Terrana LLP, Uniondale, NY ( Richard A. Blumberg , Danielle E. Tricolla , and Judy L. Simoncic of counsel), for respondent 1029 Ahbrew, LLC.

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

In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Incorporated Village of Plandome dated October 22, 2020, granting the application of the respondent 1029 Ahbrew, LLC, for preliminary approval of a proposed subdivision, the petitioners appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (Denise L. Sher, J.), entered October 1, 2021. The order and judgment granted the motion of the respondent 1029...

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