Appellate Division of the Supreme Court of the State of New York December 7, 2016, 2015-01134 (Kellner v. Town of Wappinger)

In an action, inter alia, for a judgment declaring that the provisions of Town Law § 280-a and Code of the Town of Wap-pinger § 240-20 do not apply to the proposed construction of a dwelling on the subject property, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Rosa, J.