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GONDOLFO v. TOWN OF CARMEL

Index No. 501385/2020.

76 Misc.3d 521 (2022)

174 N.Y.S.3d 197

2022 NY Slip Op 22231

JESSICA GONDOLFO et al., Petitioners/Plaintiffs, v. TOWN OF CARMEL et al., Respondents/Defendants.

Supreme Court, Putnam County.

Decided June 24, 2022.

Attorney(s) appearing for the Case

Knauf Shaw LLP (Jonathan Ross Tantillo of counsel) for petitioners/plaintiffs.

Costello & Folchetti LLP (Gregory Larkin Folchetti of counsel) for Town of Carmel and others, respondents/defendants.

Snyder & Snyder, LLP (Douglas W. Warden of counsel) for New York SMSA Limited Partnership, doing business as Verizon Wireless, and another, respondents/defendants.

Handel & Carlini, LLP (Anthony Carlos Carlini of counsel) for Maple Hill Estates Homeowners Association, Inc., respondent/defendant.

OPINION OF THE COURT

In a dispute over the construction of a cell tower—permission for which was given by the Town Board of the Town of Carmel in a consent order to settle litigation in federal court— petitioners question the authority of the Town Board to enter into the settlement given that the Zoning...

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