Legal Opinion

Windy Ridge Farm v. Assessor of the Town of Shandaken

New York Court of Appeals

Decided August 28, 2008PublishedCited by 69 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Central to this appeal is petitioners’ claim that the Appellate Division erred in failing to apply the discretionary factors enumerated in Matter of Red Hook/Gowanus Chamber of Commerce v New York City Bd. of Stds. & Appeals (5 NY3d 452 [2005]) before dismissing the proceeding for failure to join necessary parties Ulster County and the Onteora Central School District. We conclude that the Appellate Division reached the correct result.

CPLR 1001 (b) provides that joinder of a necessary party may be…

2Cases cited3 opinions

  1. Red Hook/Gowanus Chamber of Commerce v. New York City Board of StandardsNew York Court of Appeals · 2005
  2. 27th Street Block Ass'n v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
  3. Romeo v. New York State Department of EducationAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by69 opinions

  1. Swezey v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 2012
  2. Hearst Corp. v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 2013
  3. Ayuda Re Funding, LLC v. Town of LibertyAppellate Division of the Supreme Court of the State of New York · 2014
  4. Petti v. Town of LexingtonAppellate Division of the Supreme Court of the State of New York · 2012
  5. U.S. Bank Trust N.A. v. GermosoAppellate Division of the Supreme Court of the State of New York · 2023

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