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MATTER OF SAUNDERS v. GRABOSKI

282 A.D.2d 610 (2001)

723 N.Y.S.2d 403

In the Matter of HAZEL S. SAUNDERS et al., Appellants, v. NANCY S. GRABOSKI et al., Respondents.

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

Decided April 16, 2001.

Ordered that the judgment is affirmed, with costs.

Since the petitioners failed to join a necessary party, Payton Lane Properties, Inc., the Supreme Court properly dismissed the proceeding (see, CPLR 1001 [a]; see also, Matter of Save Our-Open Space v Planning Bd., 256 A.D.2d 581; Matter of Baker v Town of Roxbury, 220 A.D.2d 961; Matter of Llana v Town of Pittstown,

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