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MATTER OF McNEILL v. TOWN BOARD OF THE TOWN OF ITHACA

260 A.D.2d 829 (1999)

688 N.Y.S.2d 747

In the Matter of KEITH McNEILL et al., Appellants, v. TOWN BOARD OF THE TOWN OF ITHACA, Respondent.

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

Decided April 15, 1999.

Mikoll, J.

Petitioners commenced this CPLR article 78 proceeding to annul respondent's enactment of Local Laws, 1998, No. 3 of the Town of Ithaca, which amended the Town of Ithaca's zoning map to permit construction of a 56-unit apartment facility known as Mecklenberg Heights Apartments, on the ground that it was enacted in violation of the State Environmental Quality Review Act (ECL art 8) (hereinafter SEQRA). Supreme Court granted respondent's motion to dismiss...

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