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MATTER OF A & M BROS., INC. v. WALLER

150 A.D.2d 563 (1989)

In the Matter of A & M Brothers, Inc., Appellant, v. Robert Waller et al., Constituting The Zoning Board of Appeals of the Town of Dover, Respondents. (Matter No. 1.) Town of Dover, Respondent, v. A & M Brothers, Inc., Sued Herein as A & M Carting, Inc., Appellant. (Matter No. 2.)

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

May 15, 1989

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

We reject the appellant's claim that Local Laws, 1978, No. 6 of the Town of Dover is invalid for failure to fully comply with the New York State Environmental Quality Review Act (ECL art 8 [hereinafter SEQRA]), but for a reason different from that set forth by the Supreme Court, Dutchess County. Although the general rule is that relief...

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