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MATTER OF DAN GERNATT GRAVEL PRODS., INC. v. TOWN OF COLLINS

105 A.D.2d 1057 (1984)

In the Matter of Dan Gernatt Gravel Products, Inc., Petitioner, v. Town of Collins et al., Respondents

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

November 7, 1984

Determination unanimously annulled without costs, and petitioner's request for a permit granted, subject to the conditions imposed by respondent's Planning Board at its meeting of April 26, 1982. Memorandum: Petitioner commenced this CPLR article 78 proceeding to annul respondent Town Board's decision to deny its application for a special use permit to mine gravel. This proceeding was subsequently transferred to the Appellate Division pursuant to CPLR 7804 (subd [g]).

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