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IN THE MATTER OF HAZEL S. SAUNDERS, ET AL., APPELLANTS, v. NANCY S. GRABOSKI, ETC., ET AL., RESPONDENTS.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

Since the petitioners failed to join a necessary party, Payton Lane Properties, Inc., the Supreme Court properly dismissed the proceeding (see, CPLR 1001[a]; see also, Matter of Save Our Open Space v. Planning Bd. of Vil. of S. Nyack, 256 A.D.2d 581; Matter of Baker v. Town of Roxbury, 220 A.D.2d 961; Matter of Llana v. Town of Pittstown, 234 A.D.2d 881, 884).

The petitioners' remaining contentions are without merit.

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MATTER OF SAUNDERS v. GRABOSKI
(Apr 16, 2001)