Germain v. Town of Chester Planning Bd.
| Decision Date | 06 December 2017 |
| Docket Number | 2016–08088,Index No. 12/16 |
| Citation | 64 N.Y.S.3d 578 (Mem),156 A.D.3d 633 |
| Parties | In the Matter of Leonard L. GERMAIN, Jr., appellant, v. TOWN OF CHESTER PLANNING BOARD, respondent-respondent, et al., respondent. |
| Court | New York Supreme Court — Appellate Division |
156 A.D.3d 633
64 N.Y.S.3d 578 (Mem)
In the Matter of Leonard L. GERMAIN, Jr., appellant,
v.
TOWN OF CHESTER PLANNING BOARD, respondent-respondent, et al., respondent.
2016–08088
Index No. 12/16
Supreme Court, Appellate Division, Second Department, New York.
Submitted—October 10, 2017
December 6, 2017
Sussman and Associates, Goshen, N.Y. (Jonathan R. Goldman and Michael H. Sussman of counsel), for appellant.
Dickover, Donnelly & Donovan, LLP, Goshen, N.Y. (David A. Donovan of counsel), for respondent-respondent.
Drake Loeb, PLLC, New Windsor, N.Y. (Ralph L. Puglielle, Jr., of counsel), for respondent.
MARK C. DILLON, J.P., JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In a proceeding pursuant to CPLR article 78 to review a determination of the Town of Chester Planning Board dated December 2, 2015, granting the application of the respondent Primo Sports for site plan approval of the subject property, the petitioner appeals from an order of the Supreme Court, Orange County (G. Walsh, J.), dated April 1, 2016, which granted the motion of the respondent Town of Chester Planning Board to dismiss the petition insofar as asserted against it for failure to join a necessary party.
ORDERED that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal from the order, and leave to appeal is granted (see CPLR 5701[b][1] ; [c] ); and it is further,
ORDERED that the order is reversed, on the law, without costs or disbursements, the motion of the respondent Town of Chester Planning Board to dismiss the petition insofar as asserted against it for failure to join a necessary party is denied, and the matter is remitted to the Supreme Court, Orange County, for the joinder of Chill Factor Cooling, LLC, as a respondent in this proceeding, without prejudice to its right to assert any defenses or affirmative defenses, for the service of the notice of petition and petition by the...
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