Atkins Brothers, LLC v. Conroy

In a proceeding pursuant to CPLR article 78 and Village Law article 2 to review a determination of the Supervisor of the Town of Woodbury, dated August 20, 2004, which determined a petition to incorporate certain territory as the “Village of Wood-bury” to be legally sufficient, Sheila A. Conroy, the Supervisor of the Town of Woodbury, and Desiree Herb, the Town Clerk of the Town of Woodbury, appeal, by permission, from an order of the Supreme Court, Orange County (Rosenwasser, J.), dated January 3, 2005, which denied their motion to dismiss the petition for failure to join a necessary party,…