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MATTER OF COLD SPRING HARBOR LAB. v. PLANNING BD. OF THE VILL. OF LLOYD HARBOR

252 A.D.2d 584 (1998)

675 N.Y.S.2d 305

In the Matter of Cold Spring Harbor Laboratory et al., Appellants, v. Planning Board of the Village of Lloyd Harbor et al., Respondents

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

July 27, 1998

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

This CPLR article 78 proceeding and two prior proceedings arose out of the same transaction, to wit, the application for preliminary approval of a subdivision plan submitted by the respondent Penlyn Development Corp. (hereinafter Penlyn). They involved the same issues and claims, and sought the same relief. The petitioners were present at all relevant hearings and were parties to both prior proceedings...

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