Zarin & Steinmetz is pleased to announce that the firm successfully moved to dismiss several claims in an Article 78 proceeding brought against private and municipal respondents, which sought to stop the redevelopment of a prominent site in the Town of Fishkill.

The case stems from the firm’s representation of a Fishkill developer in seeking and obtaining approvals for developing a prominent site, which would be improved with a restaurant, self-storage facility, car wash, and other uses.

In a decision issued by the Dutchess County Supreme Court, the Court rejected claims seeking to annul a “negative declaration” under the State Environmental Quality Review Act and certain variances Z&S had obtained on behalf of the developer.  The Court found that these challenges were both untimely and without merit, and dismissed them before the case had even proceeded past the pleadings. A limited portion of the proceeding dealing with a segment of the site plan approval will proceed to ordinary briefing.

Attorney Lee Lefkowitz represented the non-municipal respondents in this successful outcome.