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MATTER OF SPINELLI v. RIEGER

112 A.D.2d 939 (1985)

In the Matter of Ronald Spinelli, Respondent, v. Bert Rieger, as Chairman of The Planning Board of the Town of Babylon, et al., Respondents. Louis Holder, as President of Belmont Lake Civic Association, Intervenor-Appellant

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

August 5, 1985

Order affirmed, with one bill of costs.

The intervenor has failed to demonstrate that Special Term misapprehended or overlooked any pertinent matters of law or fact (CPLR 2221; Foley v Roche, 68 A.D.2d 558, 567). In this connection, we note that the intervenor's answer, which detailed his opposition to the site plan, was before the court and was taken into consideration by it in reaching its...

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