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Matter of Save Our-Open Space v. Planning Bd.

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1998
256 A.D.2d 581 (N.Y. App. Div. 1998)

Opinion

December 28, 1998

Appeal from the Supreme Court, Rockland County, (Sherwood, J.).


Ordered that the judgment is affirmed, with costs.

Since the petitioners failed to join the landowner, a necessary party to the proceeding, the court properly dismissed the proceeding ( see, CPLR 1001 [a]; Matter of Kam Hampton I Realty Corp. v. Zagata, 251 A.D.2d 665; Matter of Baker v. Town of Roxbury, 220 A.D.2d 961, 963; see also, Matter of Llana v. Town of Pittstown, 234 A.D.2d 881, 884).

The petitioners' remaining contentions are without merit.

Bracken, J. P., Ritter, Copertino and Florio, JJ., concur.


Summaries of

Matter of Save Our-Open Space v. Planning Bd.

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1998
256 A.D.2d 581 (N.Y. App. Div. 1998)
Case details for

Matter of Save Our-Open Space v. Planning Bd.

Case Details

Full title:In the Matter of SAVE OUR-OPEN SPACE et al., Appellants, v. PLANNING BOARD…

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

Date published: Dec 28, 1998

Citations

256 A.D.2d 581 (N.Y. App. Div. 1998)
682 N.Y.S.2d 869

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