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CAHN v. PLANNING BD.

157 A.D.2d 252 (1990)

In the Matter of Rosanne M. Cahn, as Executrix of Herbert Cahn, Deceased, et al., Appellants, v. Planning Board of the Town of Gardiner, Respondent, and Luna Estates et al., Intervenors-Respondents

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

May 17, 1990

Attorney(s) appearing for the Case

Oliver & Oliver (Lewis B. Oliver, Jr., of counsel), for appellants.

Kellar & Kellar (Paul T. Kellar of counsel), for respondent.

Jacobowitz & Gubits (Larry Wolinsky of counsel), for intervenors-respondents.

KANE, J. P., WEISS, MIKOLL and LEVINE, JJ., concur.

YESAWICH, JR., J.

In the fall of 1988, respondent conditionally approved the preliminary subdivision plats for Luna Estates and Greenvale Partners, neighboring subdivisions in the Town of Gardiner, Ulster County. Respondent had previously classified Luna Estates, an 80-acre parcel upon which 28 residential units were to be built, as a Type I action under the State Environmental Quality Review Act (ECL art 8...

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