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WINDY RIDGE FARM v. ASSESSOR OF THE TOWN OF SHANDAKEN

190 SSM 19.

2008 NY Slip Op 06680

WINDY RIDGE FARM, ET AL., Appellants, v. ASSESSOR OF THE TOWN OF SHANDAKEN, ET AL., Respondents.

Court of Appeals of the State of New York.

Decided August 28, 2008.

Attorney(s) appearing for the Case

Submitted by Brian W. Matula, for appellants.

Submitted by Amee S. Vantassell, for respondent Town of Shandaken.

Submitted by Joshua N. Koplovitz, for respondent County of Ulster.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs.

Central to this appeal is petitioners' claim that the Appellate Division erred in failing to apply the discretionary factors enumerated in Matter of Red Hook/Gowanus Chamber of Commerce v. New York City Bd. of Stds. & Appeals (5 N.Y.3d 452 [2005]) before dismissing the action for failure to join necessary parties Ulster County and...

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