A petitioner neighbor commenced a special proceeding pursuant to CPLR 3102(c) seeking an order for production of documents and directing that three respondents to appear for a deposition.

One respondent owned a 20-acre parcel of land (owner). The petitioner owns a home that borders the property. The subject town had granted that respondent a certificate of occupancy (CO) granting permission for the owner to use the property as follows: “[p]re-existing non-conforming use for the receipt of natural organic wastes (trees, brush, stumps, leaves and other clearing debris).” The petitioner asserted that the respondents “signed false affidavits to procure this change to this (CO) so that ‘the zoned use of the property ultimately can be changed to a 120-unit condominium development, thereby enabling (owner) to sell the land to a developer and make millions of dollars in profit.’”

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