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TOWN ASSN. v. TOWN OF RYE

82 A.D.2d 474 (1981)

In the Matter of Rye Town/King Civic Association et al., Appellants, v. Town of Rye, Respondent. Atrium Associates, Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 24, 1981

Attorney(s) appearing for the Case

Neale & Wilson (J. Henry Neale, Jr., of counsel), for appellants.

Milton Berner, Town Attorney, for respondent, and McCarthy, Fingar, Donovan, Glatthaar, Drazen & Smith (Daniel G. Donovan of counsel), for intervenor-respondent. (One brief.)

Robert Abrams, Attorney-General (Shirley Adelson Siegel, James A. Sevinsky and Catherine R. McCabe of counsel), for Robert F. Flacke, Commissioner of Environmental Conservation of the State of New York, amicus curiae.

MOLLEN, P. J., HOPKINS and TITONE, JJ., concur.

WEINSTEIN, J.

The essence of this litigation is a challenge to a determination of the Town Board of the Town of Rye, granting a permit to respondent Atrium Associates (hereafter Atrium) for construction of an office building on a plot consisting of some 17.8 acres of land.

In 1973 the Town of Rye amended its zoning ordinance to provide for "Planned Unit Development...

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