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MATTER OF TAMPONE v. TOWN OF RED HOOK ZONING BD. OF APPEALS

2019-04214. Index No. 2645/17.

215 A.D.3d 866 (2023)

187 N.Y.S.3d 103

2023 NY Slip Op 02013

In the Matter of Dominic Tampone et al., Appellants, v. Town of Red Hook Zoning Board of Appeals et al., Respondents.

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

Decided April 19, 2023.

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna LLP, Albany, NY (William S. Nolan and Jon E. Crain of counsel), for appellants.

Warren S. Replansky, P.C., Rhinebeck, NY, for respondents Daniel Shafer, Vanessa Shafer, Shafer's, LLC, Shafer's Hudson Valley, LLC, and Lorraine DeCarolis.

Law Offices of Rodenhausen Chale & Polidoro LLP, Rhinebeck, NY (J. Patrick Logan of counsel), for respondents Town of Red Hook Zoning Board of Appeals, Robert Fennell, Town of Red Hook Planning Board, Town of Red Hook Town Board, and Robert McKeon (no brief filed).

Duffy, J.P., Iannacci, Rivera and Wooten, JJ., concur.

In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Town of Red Hook Zoning Board of Appeals dated October 11, 2017, and to review a determination of the Town Board of the Town of Red Hook dated February 13, 2018, adopting a resolution enacting Local Law No. 1 of 2018 of the Town of Red Hook, and action, among other things, for declaratory relief, the petitioners/plaintiffs appeal from...

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