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MATTER OF EAST END HANGARS, INC. v. TOWN OF EAST HAMPTON

2023-05193, Index Nos. 602799/22, 602801/22, 602802/22.

2024 NY Slip Op 01709

IN THE MATTER OF EAST END HANGARS, INC., ET AL., Respondents, ET AL., Petitioners/Plaintiffs, v. TOWN OF EAST HAMPTON, NEW YORK, Appellant. (Proceeding/Action No. 1) IN THE MATTER OF COALITION TO KEEP EAST HAMPTON AIRPORT OPEN, LTD., ET AL., Petitioners/Plaintiffs, v. TOWN OF EAST HAMPTON, NEW YORK, Respondent/Defendant. (Proceeding/Action No. 2) IN THE MATTER OF BLADE AIR MOBILITY, INC., ET AL., Respondents, ET AL., Petitioner/Plaintiff, v. TOWN OF EAST HAMPTON, NEW YORK, ET AL., Appellants. (Proceeding/Action No. 3)

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

Decided March 27, 2024.

Attorney(s) appearing for the Case

Cooley LLP, New York, NY ( Philip M. Bowman , Victoria R. Pasculli , Jorge L. Sarmiento , and William V. O'Connor , pro hac vice, of counsel), for appellants in Proceeding/Action Nos. 1 and 3.

Pillsbury Winthrop Shaw Pittman LLP, New York, NY ( James Catterson , Rolando T. Acosta , Brianna Walsh , and Danielle Stefanucci of counsel) for East End Hangars, Inc., and Hampton Hangars, Inc., respondents in Proceeding/Action No. 1, and Holwell Shuster & Goldberg LLP, New York, NY ( Jayme Jonat of counsel), for Lynden Restrepo, petitioner/plaintiff in Proceeding/Action No. 1 (one brief filed).

King & Spalding LLP, New York, NY ( Randy M. Mastro , Casey Kyung-Se Lee , and Lauren Myers of counsel), for Blade Air Mobility, Inc., Bonnie Brady, Thomas Dean, Jason Deland, Lisa Deveglio, Michael Donnelly, and Alicia Whitaker, respondents in Proceeding/Action No. 3.

Before: Francesca E. Connolly, J.P., Cheryl E. Chambers, Barry E. Warhit, Laurence L. Love, JJ.

DECISION & ORDER

In three related hybrid proceedings pursuant to CPLR article 78 to review the determination of the Town of East Hampton, New York, dated January 20, 2022, as amended by a subsequent determination dated February 17, 2022, authorizing the closure of the Town of East Hampton Airport as a public use airport and its subsequent reopening as a private use airport, and actions for injunctive relief, Town of East Hampton, New York, the respondent/defendant...

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