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MATTER OF A. COLARUSSO & SON, INC. v. CITY OF HUDSON PLANNING BD.

536178.

217 A.D.3d 1245 (2023)

191 N.Y.S.3d 810

2023 NY Slip Op 03397

In the Matter of A. Colarusso & Son, Inc., et al., Respondents, v. City of Hudson Planning Board, Appellant.

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

Decided June 22, 2023.

Attorney(s) appearing for the Case

Hinman Straub PC, Albany (David B. Morgen of counsel), for appellant.

Whiteman Osterman & Hanna LLP, Albany (John J. Henry of counsel), for respondents.

Pritzker, Reynolds Fitzgerald and McShan, JJ., concur.

Appeal from an order of the Supreme Court (Henry F. Zwack, J.), entered August 9, 2022, in Columbia County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, denied respondent's motion to dismiss the petition/complaint and granted a declaratory judgment to petitioners.

Petitioner...

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