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Matter of Germain v. Town of Chester Planning Bd.
Citations: 2017 NY Slip Op 8519; 156 A.D.3d 633; 64 N.Y.S.3d 578Docket: 2016-08088
Court: Appellate Division of the Supreme Court of the State of New York; December 5, 2017; New York; State Appellate Court
Original Court Document: View Document
In the case Matter of Germain v. Town of Chester Planning Board, Leonard L. Germain, Jr. (petitioner) appeals the Supreme Court, Orange County's decision to dismiss his petition against the Town of Chester Planning Board (respondent) concerning a site plan approval granted to Primo Sports. The lower court dismissed the petition due to the failure to join Chill Factor Cooling, LLC, a necessary party, in the proceedings. The Appellate Division, Second Department, reverses the lower court's order. The appellate court determines that Chill Factor Cooling, LLC is indeed a necessary party under CPLR 1001(a) and should have been summoned rather than having the petition dismissed. The appellate decision grants leave to appeal and remits the matter back to the Supreme Court for the joinder of Chill Factor Cooling, LLC as a respondent. The court outlines specific procedural steps for the parties, including the service of notice and the filing of responses. The ruling emphasizes the importance of including all necessary parties in legal proceedings to ensure proper adjudication. The decision reflects adherence to legal standards regarding the inclusion of parties and procedural fairness. The judges concurring with the decision are Mark C. Dillon, Jeffrey A. Cohen, Francesca E. Connolly, and Linda Christopher.