Gomez Foundation for Mill House v. Town of Newburgh Planning Board

Appellate Division of the Supreme Court of New York

Gomez Foundation for Mill House v. Town of Newburgh Planning Board

266 A.D.2d 544, 698 N.Y.S.2d 554, 1999 N.Y. App. Div. LEXIS 12219

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 29, 1999

StatusPublished

This text of 266 A.D.2d 544 (Gomez Foundation for Mill House v. Town of Newburgh Planning Board) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gomez Foundation for Mill House v. Town of Newburgh Planning Board, 266 A.D.2d 544, 698 N.Y.S.2d 554, 1999 N.Y. App. Div. LEXIS 12219 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In a proceeding pursuant to CPLR article 78 to review two determinations of the respondent Town of Newburgh Planning Board, both dated August 17, 1995, which, inter alia, approved the preliminary subdivision plat submitted by the respondent Kelly Woodward Homes, Inc., the petitioner appeals from a judgment of the Supreme Court, Orange County (Leavitt, J.), dated July 7, 1998, which, upon an order of the same court dated June 5, 1998, granting the motion of the respondent Town of Newburgh Planning Board to dismiss the proceeding for failure to join a necessary party, dismissed the proceeding.

Ordered that the judgment is affirmed, with one bill of costs.

Under the facts of this case, the Supreme Court properly dismissed the proceeding. S. Miller, J. P., Altman, Schmidt and Smith, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review two determinations of the respondent Town of Newburgh Planning Board, both dated August 17, 1995, which, inter alia, approved the preliminary subdivision plat submitted by the respondent Kelly Woodward Homes, Inc., the petitioner appeals from a judgment of the Supreme Court, Orange County (Leavitt, J.), dated July 7, 1998, which, upon an order of the same court dated June 5, 1998, granting the motion of the respondent Town of Newburgh Planning Board to dismiss the proceeding for failure to join a necessary party, dismissed the proceeding.

Ordered that the judgment is affirmed, with one bill of costs.

Under the facts of this case, the Supreme Court properly dismissed the proceeding. S. Miller, J. P., Altman, Schmidt and Smith, JJ., concur.

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Bluebook (online)

266 A.D.2d 544, 698 N.Y.S.2d 554, 1999 N.Y. App. Div. LEXIS 12219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gomez-foundation-for-mill-house-v-town-of-newburgh-planning-board-nyappdiv-1999.