Party Notice: Andrew J. Tabone AS TRUSTEE OF THE ANDREW J. TABONE TRUST AGREEMENT DATED AUGUST 24, 2004 v. Town Of Fleming, Town Of Fleming Zoning Board Of Appeals

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                                FILED: CAYUGA COUNTY CLERK 04/22/2024 12:30 PM                                                            INDEX NO. E2024-0341
NYSCEF DOC. NO. 2                                                                               RECEIVED NYSCEF: 04/22/2024




           STATE OF NEW YORK
           SUPREME COURT : CAYUGA COUNTY

           ANDREW J. TABONE AS TRUSTEE OF THE                                        NOTICE OF PETITION
           ANDREW J. TABONE TRUST AGREEMENT DATED
           AUGUST 24, 2004,
                                                                                     Index No.:
                                                               Petitioner,

                          vs.                                                        Judge Assigned:
          TOWN OF FLEMING AND TOWN OF FLEMING
          ZONING BOARD OF APPEALS,

                                                              Respondents.

          __________________________________________________

                  PLEASE TAKE NOTICE that the Petition of the Andrew J. Tabone as Trustee (“Petitioner”) in

          the above-entitled proceeding, dated April 21, 2024, and duly verified, will be presented to the Supreme

          Court of the State of New York at a Motion Term thereof to be held in and for Cayuga County, located at

          the Cayuga County Courthouse, 152 Genesee Street, Auburn, New York 13021 in the Seventh Judicial

          District on the 15th day of May, 2024 on the submission of papers only; and a motion will then and there be

          made that the relief requested in the Petition be granted, and that an Order and Judgment be issued (1)

          vacating, annulling, and declaring the ZBA Decision denying Petitioner’s Area Variance Application illegal

          and void ab initio, and (2) remanding this matter to the ZBA with an order to grant the Area Variance

          Application based upon the record in this matter; and (3) granting such other and further relief as this Court

          deems just and proper.

                  PLEASE TAKE FURTHER NOTICE that a Verified Answer, Administrative Record, and

          supporting Affidavits, if any, must be served at least five (5) days before the return date of this proceeding.

                  PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 409, Respondents must produce

          all other papers not already in the possession of the Court necessary to the consideration of the questions

          involved at the date of the scheduled hearing.




          17717871.1


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FILED: CAYUGA COUNTY CLERK 04/22/2024 12:30 PM                       INDEX NO. E2024-0341
NYSCEF DOC. NO. 2                                            RECEIVED NYSCEF: 04/22/2024




          Dated: April 21, 2024
                                  BOND, SCHOENECK & KING, PLLC




                                  By: ____________________________
                                       Kathleen M. Bennett, Esq.
                                       Attorneys for Petitioner
                                       Office and P.O. Address
                                       One Lincoln Center
                                       Syracuse, New York 13202
                                       Telephone: 315-218-8631




          17717871.1


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