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MATTER OF TINKER STREET CINEMA v. TOWN OF WOODSTOCK PLANNING BOARD

256 A.D.2d 970 (1998)

681 N.Y.S.2d 907

In the Matter of TINKER STREET CINEMA, Appellant, v. TOWN OF WOODSTOCK PLANNING BOARD, Respondent.

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

Decided December 24, 1998.

Mikoll, J.

Petitioner, the operator of a single-screen movie theater in the Town of Woodstock, Ulster County, filed a site plan application seeking approval for the addition of a second movie screen on the existing premises and the expansion of its parking lot. In this CPLR article 78 proceeding, petitioner sought a declaration that the site plan application was approved by default based upon respondent's failure to render a decision thereon within the periods prescribed...

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