IN THE MATTER OF RICHARD E. GORDON, et al., Appellants, v. TOWN OF ESOPUS, et al., Respondents. (And Three Other Related Proceedings.)

108.Court of Appeals of the State of New York.
June 15, 2010.

Opinion by Chief Judge LIPPMAN.

Judges Ciparick, Graffeo, Read, Pigott and Jones concur.

Judge Smith dissents in an opinion.

Order reversed, with costs, and judgment of Supreme Court, Ulster County, reinstated.

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