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MATTER OF PATEL v. TOWN OF RHINEBECK

2022-03139, Index No. 53769/21.

2024 NY Slip Op 01716

IN THE MATTER OF DAHYABHAI PATEL, ET AL., Appellants, v. TOWN OF RHINEBECK, Respondent.

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

Decided March 27, 2024.

Attorney(s) appearing for the Case

Law Offices of Paul D. Stone, P.C., Tarrytown, NY, for appellants.

Warren S. Replansky, P.C., Rhinebeck, NY, for respondent.

Before: Valerie Brathwaite Nelson, J.P., Paul Wooten, Lillian Wan, Laurence L. Love, JJ.

DECISION & ORDER

In a proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the Town of Rhinebeck to change the designated zoning district for a parcel of property, the petitioners appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County (Christi J. Acker, J.), dated March 18, 2022. The order and judgment granted the motion of the Town of Rhinebeck pursuant to CPLR 7804(f) to dismiss the petition and, in effect...

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