Kellner v. Town of Wappinger

In an action, inter alia, for a judgment declaring that the provisions of Town Law § 280-a and Code of the Town of Wap-pinger § 240-20 do not apply to the proposed construction of a dwelling on the subject property, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Rosa, J.), dated December 3, 2014, which denied his motion for summary judgment on the complaint and declaring that the provisions of Town Law § 280-a and Code of the Town of Wappinger § 240-20 do not apply to the proposed construction, and granted the defendants’ cross motion for summary judgment…