MATTER OF POUGHKEEPSIE RURAL CEMETERY v. TREADWELL


252 A.D.2d 903 (1998)

676 N.Y.S.2d 338

In the Matter of Poughkeepsie Rural Cemetery, Appellant, v. Alexander F. Treadwell, as Secretary of State, et al., Constituting The New York State Cemetery Board, Respondents

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

July 30, 1998


Graffeo, J.

Petitioner, a not-for-profit corporation operating a cemetery in the Town of Poughkeepsie, Dutchess County, entered into a lease agreement with Robert H. Auchmoody Funeral Homes, Inc. (hereinafter Auchmoody). Auchmoody agreed to lease a three-acre parcel from petitioner for the purpose of constructing and operating a funeral home and related businesses. The duration of the lease was a term of 40...

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