MATTER OF UPPER DEL. HOSPITALITY CORP. v. TOWN OF TUSTEN ZONING BD. OF APPEALS

CV-23-0276.

2024 NY Slip Op 00114

In the Matter of Upper Delaware Hospitality Corp., Respondent, v. Town of Tusten Zoning Board of Appeals et al., Respondents, and Brendan P. Weiden et al., Appellants.

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

Decided January 11, 2024.


Attorney(s) appearing for the Case

J & G Law, LLP, Walden ( J. Benjamin Gailey of counsel), for appellants.

Drew, Davidoff & Edwards Law Offices, LLP, Monticello ( Michael Davidoff of counsel), for Upper Delaware Hospitality Corp., respondent.

Before: Clark, J.P., Aarons, Reynolds Fitzgerald, McShan and Mackey, JJ.


Appeal from an order of the Supreme Court (Mark M. Meddaugh, J.), entered July 22, 2022 in Sullivan County, which granted petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to annul a determination of respondent Town of Tusten Zoning Board of Appeals to hear an appeal filed...

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