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MATTER OF CIPPERLEY v. TOWN OF EAST GREENBUSH

262 A.D.2d 764 (1999)

691 N.Y.S.2d 624

In the Matter of ARTHUR W. CIPPERLEY et al., Appellants, v. TOWN OF EAST GREENBUSH et al., Respondents.

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

Decided June 10, 1999.

Yesawich Jr., J.

This appeal arises from an unsuccessful application by petitioner Rifenburg Construction, Inc.—originally filed in 1992 with respondent Town of East Greenbush Zoning Board of Appeals (hereinafter ZBA)—for a special use permit to mine gravel on land owned by petitioners Arthur Cipperley and Cheryl Cipperley. The subject parcel is located on Best-Luther Road (hereinafter Best Road) in the Town of East Greenbush, Rensselaer County, and...

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