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MATTER OF SAVE OUR-OPEN SPACE v. PLANNING BD
Appellate Division of the Supreme Court of New York, Second Department.
Dec 28, 1998
Ordered that the judgment is affirmed, with costs.
Since the petitioners failed to join the landowner, a necessary party to the proceeding, the court properly dismissed the proceeding ( see, CPLR 1001 [a]; Matter of Kam Hampton I Realty Corp. v. Zagata, 251 A.D.2d 665; Matter of Baker v. Town of Roxbury, 220 A.D.2d 961, 963; see also, Matter of Llana v. Town of Pittstown, 234 A.D.2d 881, 884).
The petitioners' remaining contentions are without merit.
Bracken, J. P., Ritter, Copertino and Florio, JJ., concur.
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