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MATTER OF COUNCIL OF GREENBURGH CIVIC ASSNS. v. TOWN BD. OF THE TOWN OF GREENBURGH

2019-02895. Index No. 53481/18.

202 A.D.3d 954 (2022)

159 N.Y.S.3d 699

2022 NY Slip Op 01021

In the Matter of Council of Greenburgh Civic Associations et al., Appellants, v. Town Board of the Town of Greenburgh et al., Respondents.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Bernstein & Associates, PLLC, Scarsdale, NY (Robert B. Bernstein of counsel), for appellants.

Timothy W. Lewis, Town Attorney, Greenburgh, NY, for respondent Town Board of the Town of Greenburgh.

Bleakley Platt & Schmidt, LLP, White Plains, NY (Lino J. Sciarretta of counsel), for respondent Formation-Shelbourne Senior Living Services, LLC.

Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn, LLP, Scarsdale, NY (Kelly M. Welch of counsel), for respondent Alfred H. Krautter.

Chambers, J.P., Christopher, Zayas and Dowling, JJ., concur.

Ordered that the order and judgment is affirmed, with one bill of costs.

The respondent/defendant Formation-Shelbourne Senior Living Services, LLC (hereinafter Formation-Shelbourne), is the prospective purchaser of certain property owned by the respondent Alfred H. Krautter and located on Underhill Road in the Town of Greenburgh. Formation-Shelbourne applied to the respondent Town Board of the Town of Greenburgh (hereinafter Town Board) for a special permit in relation...

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