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MATTER OF MILLER v. CITY OF LOCKPORT

210 A.D.2d 955 (1994)

620 N.Y.S.2d 680

In the Matter of Richard E. Miller, Appellant, v. City of Lockport, Respondent, and Modern Recycling, Inc., Intervenor-Respondent

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

December 23, 1994

Judgment unanimously reversed on the law with costs, motion denied and petition granted.

Memorandum:

Supreme Court erred in dismissing the petition seeking to annul the negative declaration of environmental significance of the City of Lockport Common Council (Common Council) and its resolution granting intervenor-respondent Modern Recycling, Inc. (Modern) a special use permit. Modern submitted an application to...

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