In the Matter of Schupak v. Zoning Board of Appeals of the Town of Marbletown

Decision Date16 January 2007
Citation862 N.E.2d 786,8 N.Y.3d 842
PartiesIn the Matter of Donald SCHUPAK, Appellant, v. ZONING BOARD OF APPEALS OF THE TOWN OF MARBLETOWN et al., Respondents.
CourtNew York Court of Appeals Court of Appeals

Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Supreme Court's dismissal of the petition, denied; motion for leave to appeal otherwise dismissed upon the ground that the remaining part of the Appellate Division order does not finally determine the proceeding within the meaning of the Constitution.

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13 cases
  • Town of N. Elba v. Grimditch
    • United States
    • New York Supreme Court — Appellate Division
    • 2 Julio 2015
    ...Schupak v. Zoning Bd. of Appeals of Town of Marbletown, 31 A.D.3d 1018, 1020, 819 N.Y.S.2d 335 [2006], lv. dismissed 8 N.Y.3d 842, 830 N.Y.S.2d 694, 862 N.E.2d 786 [2007] ). Under these circumstances, we conclude that these actions are not moot. As to the doctrine of laches, it is settled l......
  • N. Shore Ambulance & Oxygen Serv. Inc. v. N.Y.S. Emergency Med. Servs. Council
    • United States
    • New York Supreme Court — Appellate Division
    • 30 Diciembre 2021
    ...Bd. of Appeals of Town of Marbletown, 31 A.D.3d 1018, 1020–1021, 819 N.Y.S.2d 335 [2006], lv dismissed and denied 8 N.Y.3d 842, 830 N.Y.S.2d 694, 862 N.E.2d 786 [2007] ; Matter of Claffey v. Commissioner of Educ., 142 A.D.2d 845, 846, 530 N.Y.S.2d 710 [1988] ). As the Legislature has sought......
  • Hart Family, LLC v. Town of Lake George
    • United States
    • New York Supreme Court — Appellate Division
    • 24 Octubre 2013
    ...v. Zoning Bd. of Appeals of Town of Marbletown, 31 A.D.3d 1018, 1019–1020, 819 N.Y.S.2d 335 [2006],lv. dismissed8 N.Y.3d 842, 830 N.Y.S.2d 694, 862 N.E.2d 786 [2007] ). 2. We need not resolve the parties' dispute pertaining to the location of the boundary line between the state's submerged ......
  • In the Matter of Vector Foiltec Llc v. State Univ. Constr. Fund
    • United States
    • New York Supreme Court — Appellate Division
    • 12 Mayo 2011
    ...Zoning Bd. of Appeals of Town of Marbletown, 31 A.D.3d 1018, 1019, 819 N.Y.S.2d 335 [2006], lv. dismissed and denied 8 N.Y.3d 842, 830 N.Y.S.2d 694, 862 N.E.2d 786 [2007]; Matter of Defreestville Area Neighborhood Assn., Inc. v. Planning Bd. of Town of N. Greenbush, 16 A.D.3d 715, 717–718, ......
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