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MATTER OF ALLENS CREEK/CORBETT'S GLEN PRESERVATION GROUP v. TOWN OF PENFIELD PLANNING BOARD

267 A.D.2d 1074 (1999)

700 N.Y.S.2d 879

In the Matter of ALLENS CREEK/CORBETT'S GLEN PRESERVATION GROUP et al., Appellants, v. TOWN OF PENFIELD PLANNING BOARD, Respondent, and LINDEN ASSOCIATES, Intervenor-Respondent.

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

Decided December 30, 1999.

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Petitioners commenced this CPLR article 78 proceeding to annul the approvals of respondent, Town of Penfield Planning Board (Board), for construction of a two-story 54,000 square foot building on property owned by intervenor, Linden Associates, on the ground that the Board failed to comply with the requirements of the State Environmental Quality Review...

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