descrybe logo
You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Gomez Foundation for Mill House v. Town of Newburgh Planning Board

Citations: 266 A.D.2d 544; 698 N.Y.S.2d 554; 1999 N.Y. App. Div. LEXIS 12219

Court: Appellate Division of the Supreme Court of the State of New York; November 28, 1999; New York; State Appellate Court

Narrative Opinion Summary

A CPLR article 78 proceeding was initiated to review two determinations made by the Town of Newburgh Planning Board on August 17, 1995, which approved a preliminary subdivision plat submitted by Kelly Woodward Homes, Inc. The petitioner appealed a judgment from the Supreme Court, Orange County (Judge Leavitt), dated July 7, 1998. This judgment followed an order from June 5, 1998, which granted the Planning Board's motion to dismiss the proceeding due to the petitioner's failure to join a necessary party. The appellate court affirmed the dismissal, concluding that the Supreme Court acted correctly in its decision. The judgment includes an award of one bill of costs. Justices S. Miller, J. P., Altman, Schmidt, and Smith concurred with the decision.

Legal Issues Addressed

Appellate Review of Lower Court Decisions

Application: The appellate court affirmed the lower court's dismissal, indicating the correctness of the Supreme Court's action.

Reasoning: The appellate court affirmed the dismissal, concluding that the Supreme Court acted correctly in its decision.

Award of Costs

Application: The judgment included an award of costs against the petitioner.

Reasoning: The judgment includes an award of one bill of costs.

CPLR Article 78 Proceedings

Application: The case involves the use of a CPLR Article 78 proceeding to review determinations made by a planning board.

Reasoning: A CPLR article 78 proceeding was initiated to review two determinations made by the Town of Newburgh Planning Board on August 17, 1995, which approved a preliminary subdivision plat submitted by Kelly Woodward Homes, Inc.

Dismissal for Failure to Join a Necessary Party

Application: The petitioner's failure to join a necessary party led to the dismissal of the proceeding by the Supreme Court.

Reasoning: This judgment followed an order from June 5, 1998, which granted the Planning Board's motion to dismiss the proceeding due to the petitioner's failure to join a necessary party.