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MATTER OF CUOMO v. EAST WILLISTON UNION FREE SCH. DIST.

2019-12938, 2019-12940, Index No. 611616/19.

2024 NY Slip Op 02702

IN THE MATTER OF PAULA CUOMO, ET AL., Respondents, v. EAST WILLISTON UNION FREE SCHOOL DISTRICT, ET AL., Appellants.

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

Decided May 15, 2024.

Attorney(s) appearing for the Case

Guercio & Guercio, LLP, Farmingdale, NY ( John P. Sheahan of counsel), for appellants.

Cuomo LLC, Mineola, NY (Matthew A. Cuomo, named herein as Matthew Cuomo, pro se of counsel), for respondents.

Jay Worona , Latham, NY ( Jeffrey Mongelli of counsel), for amici curiae New York State School Boards Association, New York State Council of School Superintendents, and Association of School Business Officials of New York.

Before: Francesca E. Connolly, J.P., Lara J. Genovesi, Barry E. Warhit, Janice A. Taylor, JJ.

DECISION & ORDER

In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the respondents/defendants to commence construction of a fence without first obtaining zoning approval from the Village of East Williston and action for declaratory relief, the respondents/defendants appeal from (1) an order and judgment (one paper) of the Supreme Court, Nassau County (Sharon M.J. Gianelli, J.), entered October 9, 2019, and (2) an order of the same...

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