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MATTER OF MANOCHERIAN v. ZONING BD. OF APPEALS OF THE TOWN OF NEW CASTLE

2018-06676. Index Nos. 66342/16, 68775/16.

201 A.D.3d 804 (2022)

162 N.Y.S.3d 79

2022 NY Slip Op 00309

In the Matter of Cynthia Manocherian et al., Appellants, v. Zoning Board of Appeals of the Town of New Castle et al., Respondents, et al., Respondent. (Proceeding No. 1.) In the Matter of Laura Houston Whitlinger et al., Appellants, v. Zoning Board of Appeals of the Town of New Castle et al., Respondents, et al., Respondent. (Proceeding No. 2.)

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

Decided January 19, 2022.

Attorney(s) appearing for the Case

Sive, Paget & Riesel, P.C., New York, NY (Mark A. Chertok, Steven Barshov, Sahana Rao, and Adam Stolorow of counsel), for appellants in Proceeding No. 1, and David K. Gordon, Poughkeepsie, NY, for appellants in Proceeding No. 2 (one brief filed).

Keane & Beane P.C., White Plains, NY (Eric L. Gordon and Edward J. Phillips of counsel), for respondents-respondents Zoning Board of Appeals of the Town of New Castle and William J. Maskiell.

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, NY (Virginia K. Trunkes, Diana B. Kolev, Mark P. Weingarten, and Peter J. Wise of counsel), for respondents-respondents Spring Valley Road, LLC, and MSAF Group, LLC.

Duffy, J.P., Barros, Hinds-Radix and Christopher, JJ., concur.

Ordered that the judgment is affirmed, with one bill of costs payable by the petitioners appearing separately and filing separate briefs.

The respondents Spring Valley Road, LLC, and MSAF Group, LLC, doing business as Sunshine Children's Home and Rehab Center (hereinafter together Sunshine), own a facility for the care of disabled and chronically ill children located on 33 acres in the Town of New Castle. Fifty-four children with complex medical needs currently reside...

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