Roy A. Stengel, MATIAS AGUIRRE, AMY L. AGUIRRE, PETER P. MACK, LINDA L. MACK and MARIE GREAVES, Petitioners,
Town of Poughkeepsie Planning Board, ARLINGTON FARMS, INC., and MALABAR REALTY, LLC, Respondents.
RICHARD J. OLSON, ESQ., McCABE & MACK, LLP, Attorneys for
P. HORAN, ESQ., STENGER, ROBERTS, DAVIS & DIAMOND, LLP,
Attorneys for Respondents.
ARLINGTON FARMS, INC. and MALABAR REALTY, INC., LISA M. COBB,
ESQ., WALLACE & WALLACE, LLP, Attorneys for Respondent
TOWN OF POUGHKEEPSIE PLANNING BOARD
JAMES D. PAGONES, A.J.S.C.
seek a judgment, pursuant to CPLR Article 78, nullifying and
invalidating two determinations made by the respondent Town
of Poughkeepsie Planning Board (hereinafter
"Board"), specifically: (1) a determination made on
or about December 18, 2015 granting conditional site plan
approval to Respondent Malabar Realty, LLC (hereafter
"Malabar") as amended by resolution dated July 21,
2016; and, (2) granting such other and further relief as to
the Court may seem just and proper; and, (3) awarding the
costs and disbursements of this proceeding.
following papers were read:
Amended Notice of Petition-Amended Verified Petition 1-6
Verified Answer-Affidavit of Service 7-8
Verified Answer 9
Affirmation in Opposition-Affidavit of Service 10-11
Affirmation-Affidavit of Service 12-13
Reply Affirmation-Exhibits A-E-Affidavit of ...