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MATTER OF ORANGE & ROCKLAND UTILS., INC. v. TOWN BD. OF THE TOWN OF STONY POINT

214 A.D.2d 573 (1995)

624 N.Y.S.2d 640

In the Matter of Orange and Rockland Utilities, Inc., Respondent, v. Town Board of the Town of Stony Point, Appellant, and Paul Ely et al., Intervenors-Appellants

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

April 3, 1995

Ordered that the judgment is affirmed, with one bill of costs.

We agree with the determination of the Supreme Court that the proposed use of property for the construction of an electrical or utility substation was in conformance with the statutory preconditions for issuance of special permits, and that the denial of the petitioner's application for a special permit was not supported by "substantial evidence". Unlike a variance...

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