Legal Opinion

Matter of Pulte Homes of N.Y., LLC v. Planning Bd. of Town of Carmel

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 2016No. 2014-10660PublishedCited by 3 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review so much of two determinations of the Planning Board of the Town of Carmel dated September 25, 2013, as, in effect, directed the petitioner to pay a recreation fee as a condition of site plan approvals for a senior citizen housing development, the petitioner appeals from an order of the Supreme Court, Putnam County (Grossman, J.), dated September 4, 2014, which denied its motion, in effect, pursuant to CPLR 5019 (a) to amend a judgment of the same court dated March 11, 2014, so as to provide that the petitioner is entitled to a refund of…

2Cases cited6 opinions

  1. Kiker v. Nassau CountyNew York Court of Appeals · 1995
  2. Goldberger v. EisnerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Johnson v. Societe Generale S.A.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Mount Sinai Hospital v. Country Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
  5. Chmelovsky v. Country Club Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2013

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3Cited by3 opinions

  1. Cenlar, FSB v. ShenkerAppellate Division of the Supreme Court of the State of New York · 2020
  2. Metlife Home Loans v. LevyAppellate Division of the Supreme Court of the State of New York · 2024
  3. Pulte Homes v. Town of CarmelCourt of Appeals for the Second Circuit · 2018

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