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In the Matter of OWENS ROAD ASSOCIATES, LLC, et al., Appellants, v. TOWN BOARD OF TOWN OF GOSHEN et al., Respondents.

Ordered that the order and judgment is affirmed, with costs.

The documentary evidence submitted by the respondents "utterly refute[d]" ( Goshen v Mutual Life Ins. Co. of N.Y., 98 NY2d 314, 326; see McMorrow v Dime Sav. Bank of Williamsburgh, 48 AD3d 646) several of the petitioners' allegations regarding purported deficiencies in the procedures the respondents followed prior to making the challenged determinations, conclusively establishing the defenses to those allegations as a matter of law ( see McMorrow v Dime Sav. Bank of Williamsburgh, 48 AD3d 646, citing, inter alia, Goshen v Mutual Life Ins. Co. of N.Y., 98 NY2d 314, 326; Leon v Martinez, 84 NY2d 83, 87-88).

The petitioners' remaining contentions are without merit.

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OWENS v. TOWN
(Apr 15, 2008)