Pezzo v. Mazzetti

—Cardona, P. J.

Appeal from that part of an order of the Supreme Court (Bradley, J.), entered December 1, 1992 in Ulster County, which, in a proceeding pursuant to RPTL article 7, denied respondent’s motion for summary judgment dismissing the petition.

On April 13, 1989 petitioners’ predecessors in interest purchased a parcel of land located in the Town of Lloyd, Ulster County, which was formerly used as an apple orchard. On April 18, 1989 petitioners’ predecessors in interest obtained subdivision approval from the Town. At that time the subdivision was subject to an agricultural exemption for…