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IN THE MATTER OF JAMES ARTRIP, et al., appellants, v. INCORPORATED VILLAGE OF PIERMONT, et al., respondents.

DECISION ORDER

ORDERED that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The petitioners failed to join Daniel Pullo and Paradise River Development Corp. as respondents, and it is undisputed that both are necessary parties. Since Paradise River Development Corp. did not voluntarily appear or participate in the proceeding, and since the applicable Statute of Limitations had run, the Supreme Court properly dismissed the proceeding (see, New York City Audubon Society Inc. v. New York State Department of Environmental Conservation, 262 A.D.2d 324 [2d Dept., June 1, 1999]; Matter of Save Our-Open Space v. Planning Bd. of Vil. of S. Nyack, 256 A.D.2d 581 ;Matter of Kam Hampton I Realty Corp. v. Zagata, 251 A.D.2d 665, 666 ).

S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.

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MATTER OF ARTRIP v. INC. VILLAGE OF PIERMONT
(Dec 27, 1999)