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BALL v. TOWN OF BALLSTON

2017586.

60 Misc.3d 311 (2018)

76 N.Y.S.3d 742

2018 NY Slip Op 28140

RICHARD A. BALL, Commissioner of the Department of Agriculture and Markets of the State of New York, Petitioner/Plaintiff, v. TOWN OF BALLSTON et al., Respondents/Defendants, and THOMAS J. BENUSCAK et al., Intervenors/ Respondents/Defendants.

Supreme Court, Saratoga County.

Decided April 6, 2018.

Attorney(s) appearing for the Case

Scott H. Wyner, John F Rusnica and Danielle C. Cordier for petitioner/plaintiff.

James E. Walsh for Town of Ballston, respondent/defendant.

William F Ryan Jr. and Brian M. Quinn for Thomas J. Benuscak, intervenor/respondent/defendant.

Mary Elizabeth Slevin for Katz Construction & Excavation, LLC, intervenor/respondent/defendant.

Morgan S. Ruthman for The Spinney at Ballston Lake, LLC, intervenor/respondent/defendant.

OPINION OF THE COURT

Petitioner/plaintiff Richard A. Ball, Commissioner of the Department of Agriculture and Markets of the State of New York, commenced this combined action and special proceeding seeking declaratory judgment, relief in the nature of mandamus to compel, and injunction against respondents/defendants...

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