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MATTER OF BRUENN v. TOWN BOARD OF TOWN OF KENT

2014-07666, Index No. 1023/13.

145 A.D.3d 878 (2016)

2016 NY Slip Op 08512

43 N.Y.S.3d 488

In the Matter of PETER BRUENN et al., Appellants, v. TOWN BOARD OF TOWN OF KENT et al., Respondents.

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

Decided December 21, 2016.

Upon the papers filed in support of the motion, and the papers filed in opposition thereto, and upon the argument of the appeal, it is,

Ordered that the motion to dismiss the appeal is granted; and it is further,

Ordered that the appeal is dismissed as academic, with one bill of costs to the respondents appearing separately and filing separate briefs.

The petitioners/plaintiffs (hereinafter the petitioners) commenced this hybrid proceeding pursuant...

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