Segalla v. Town of Amenia

In an action, inter alia, for a judgment declaring that the plaintiffs have a valid, nonconforming use of a certain parcel of land for mining of natural aggregate materials, including quarrying, the plaintiffs appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Dutchess County (Dillon, J.), dated June 12, 2002, as granted the defendant’s motion to dismiss the complaint for failure to exhaust administrative remedies.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined…