Schulz v. Town of Kingsbury

Appeal from an order of the Supreme Court (Moynihan, Jr., J.), entered May 14, 2001 in Washington County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, inter alia, granted respondent Town of Kingsbury’s motion to modify a prior order of said court.

By deed dated December 30, 1993, respondent Town of *791Kingsbury in Washington County acquired title to the former Dix Drive-In, a 14.5-acre parcel of land located in the township. Shortly thereafter, petitioners, some of whom reside in the Town, commenced a combined CPLR article 78 proceeding and…