On September 09, 2022 a
Party Notice
was filed
involving a dispute between
Carolyn Stern,
Eileen Ordu,
Esther L Arias,
George R Brehm Jr,
John Gourlay,
Joseph R Miranda,
Julia Sedlock,
Karen Schoemer,
Kate Martino,
Mark Fielding,
Peter Feniello,
Sally Baker,
Summit Lake Conservation Group Llc,
and
Clover Reach Partners Llc,
Village Of Philmont,
Village Of Philmont Board Of Trustees,
Village Of Philmont Planning Board,
for Special Proceedings - CPLR Article 78
in the District Court of Columbia County.
Preview
FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF COLUMBIA
In the Matter ofthe Application of
SUMMIT LAKE CONSERVATION GROUP LLC,PETER
FENIELLO,ESTHER LUCIA ARIAS, JULIA SEDLOCK,
SALLY BAKER, JOSEPH R. MIRANDA, GEORGE R. NOTICE OF PETITION
BREHM, JR., EILEEN ORDU, KAREN SCHOEMER,
CAROLYN STERN, KATE MARTINO, JOHN
GOURLAY,and MARK FIELDING,
Index No.:
Petitioners,
For a Judgment Pursuant to Article 78 ofthe New York
Civil Practice Law and Rules,
-against-
VILLAGE OF PHILMONT, VILLAGE OF PHILMONT
PLANNING BOARD,VILLAGE OF PHILMONT BOARD
OF TRUSTEES and CLOVER REACH PARTNERS LLC,
Respondents.
PLEASE TAKE NOTICE that upon the annexed Verified Petition, the Affirmation of
Anthony R. Bjelke,Esq,and the exhibits attached thereto. Summit Lake Conservation Group LLC,
Peter Feniello, Esther Lucia Arias, Julia Sedlock, Sally Baker, Joseph R. Miranda, George R.
Brehm, Jr., Eileen Ordu, Karen Schoemer, Carolyn Stem, Kate Martino, John Gourlay, and Mark
Fielding ("Petitioners") will petition this Court, located at the Columbia County Courthouse, 401
Union Street, Hudson, New York on October 31, 2022, at 9:30 A.M. or as soon thereafter as
counsel can be heard, for an order Pursuant to Civil Practice Law and Rules Article 78 seeking an
order: (1) annulling the determination by Respondent, the Planning Board of the Village of
Philmont granting a negative declaration of significance pursuant to the State Environmental
Quality Review Act ("SEQRA");(2) annulling the determination of the Planning Board of the
1 of 2
FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/09/2022
Village of Philmont granting preliminary subdivision approval in connection with the Woods
Subdivision development, located at Summit Street, Village ofPhilmont, Columbia Coimty, New
York, and (3) such other and further relief as the Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 7804(e), Respondents are
directed to file with the Clerk ofthe Court a certified transcript of the record of proceedings under
consideration in the Verified Petition.
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 2214(b) and 7804(c),
answering papers, if any, shall be served at least seven days before the return date.
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 506(b), Petitioners
designate Columbia County as the proper place of venue for this proceeding.
DATED: September 9, 2022
Albany, New York
WHITEMAN QS-TERMA:
ThomSs A. Shepardson, Esq.
Attorneysfor Petitioners
One Commerce Plaza
Albany, New York 12260
(518)487-7600
tshepardson@woh.com
4887-9758-2386, v. 2
2 of 2
Preview
FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF COLUMBIA In the Matter ofthe Application of SUMMIT LAKE CONSERVATION GROUP LLC,PETER FENIELLO,ESTHER LUCIA ARIAS, JULIA SEDLOCK, SALLY BAKER, JOSEPH R. MIRANDA, GEORGE R. NOTICE OF PETITION BREHM, JR., EILEEN ORDU, KAREN SCHOEMER, CAROLYN STERN, KATE MARTINO, JOHN GOURLAY,and MARK FIELDING, Index No.: Petitioners, For a Judgment Pursuant to Article 78 ofthe New York Civil Practice Law and Rules, -against- VILLAGE OF PHILMONT, VILLAGE OF PHILMONT PLANNING BOARD,VILLAGE OF PHILMONT BOARD OF TRUSTEES and CLOVER REACH PARTNERS LLC, Respondents. PLEASE TAKE NOTICE that upon the annexed Verified Petition, the Affirmation of Anthony R. Bjelke,Esq,and the exhibits attached thereto. Summit Lake Conservation Group LLC, Peter Feniello, Esther Lucia Arias, Julia Sedlock, Sally Baker, Joseph R. Miranda, George R. Brehm, Jr., Eileen Ordu, Karen Schoemer, Carolyn Stem, Kate Martino, John Gourlay, and Mark Fielding ("Petitioners") will petition this Court, located at the Columbia County Courthouse, 401 Union Street, Hudson, New York on October 31, 2022, at 9:30 A.M. or as soon thereafter as counsel can be heard, for an order Pursuant to Civil Practice Law and Rules Article 78 seeking an order: (1) annulling the determination by Respondent, the Planning Board of the Village of Philmont granting a negative declaration of significance pursuant to the State Environmental Quality Review Act ("SEQRA");(2) annulling the determination of the Planning Board of the 1 of 2 FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/09/2022 Village of Philmont granting preliminary subdivision approval in connection with the Woods Subdivision development, located at Summit Street, Village ofPhilmont, Columbia Coimty, New York, and (3) such other and further relief as the Court may deem just and proper. PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 7804(e), Respondents are directed to file with the Clerk ofthe Court a certified transcript of the record of proceedings under consideration in the Verified Petition. PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 2214(b) and 7804(c), answering papers, if any, shall be served at least seven days before the return date. PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 506(b), Petitioners designate Columbia County as the proper place of venue for this proceeding. DATED: September 9, 2022 Albany, New York WHITEMAN QS-TERMA: ThomSs A. Shepardson, Esq. Attorneysfor Petitioners One Commerce Plaza Albany, New York 12260 (518)487-7600 tshepardson@woh.com 4887-9758-2386, v. 2 2 of 2