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PACER, INC. v. PLANNING BD.

217 A.D.2d 47 (1995)

635 N.Y.S.2d 704

In the Matter of PACER, Inc., Respondent, v. Planning Board of the City of Middletown, Appellant

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

December 7, 1995

Attorney(s) appearing for the Case

Richard Guertin, Corporation Counsel of City of Middletown (Alex Smith of counsel), for appellant.

James G. Sweeney, Goshen, for respondent.

Barbara J. Samel, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

MERCURE, J. P., WHITE, CASEY and PETERS, JJ., concur.

SPAIN, J.

Petitioner has been incorporated as a not-for-profit corporation under the provisions of the Not-For-Profit Corporation Law since 1983. In August 1983 petitioner acquired a boarding house located at 24 Roberts Street in the City of Middletown, Orange County, and has used it continuously as a boarding house since that time. After acquiring the property, petitioner became involved in a special needs housing...

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