PRESENT: HON. PHILIP RUMSEY, J.S.C.

STATE OF NEW YORK
SUPREME COURT COUNTY OF CORTLAND

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In the Matter of the Application of

STANLEY KOGUT,

Petitioner, ORDER TO SHOW CAUSE

Index No.:

For a Judgment Pursuant to Article 78 of the
Civil Practice Law and Rules,

-against-

TOWN BOARD, TOWN OF PREBLE, MAUREEN
E. KNAPP and PAUL H. KNAPP,

Respondents.

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Upon the attached Petition of Stanley Kogut, the Petitioner herein, with exhibits, duly verified the 20th day of July, 2001, the Affidavit of Frank A. Sarat, Esq., duly sworn to July 24, 2001, with Exhibits, and the Affidavit of Frank A. Hogg with exhibits, duly sworn to on the 20th day of July, 2001;

Let the Respondents, Town Board of the Town of Preble, County of Cortland, New York, Maureen E. Knapp and Paul H. Knapp, show cause at a term of this Court to be held on the___ day of______ , 2001 at_______ o'clock in the _______noon of that day or as soon thereafter as counsel can be heard at the County Court House, Cortland, New York why an Order pursuant to CPLR Article 78 should not be granted to review and annul Respondent Town Board's Resolution made at its regular meeting held on July 9, 2001 which made a Negative Declaration of Environmental Significance pursuant to 6 NYCRR §617.7 and the New York State Environmental Quality Review Act, (ECL §8-010, et seq), with respect to proposed Town of Preble Local Law 2001-3, and why such other and further and different relief should not be granted to the Petitioner as the Court may seem just and proper, together with costs and disbursements.

Sufficient cause appearing therefor, let service of a copy of this Order and a copy of the Petition and Affidavits with exhibits annexed hereto on Donald Armstrong, Esq., attorney for the Respondent Town Board, by personal service on or before the day of , 2001 and upon Paul and Maureen Knapp by personal service on or before the ___ day of ______, 2001 be deemed sufficient, and in the meantime it is

ORDERED, that pending the hearing and determination of this application, that the Respondent Town Board of the Town of Preble be and is hereby stayed from taking any further action with respect to the pending application for rezoning of 82 acres of Agricultural zoned land made by Respondents Paul and Maureen Knapp to the Town of Preble, as set forth in the Respondent Town Board's proposed Local Law 2001-3.
Dated:

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Hon. Philip Rumsey, JSC

ENTERED: