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MATTER OF GOLD MARK 35 ASSOCIATES v. TOWN OF SOMERS

263 A.D.2d 483 (1999)

692 N.Y.S.2d 712

In the Matter of GOLD MARK 35 ASSOCIATES, Appellant, v. TOWN OF SOMERS et al., Respondents.

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

Decided July 12, 1999.

Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements and the petition is granted to the extent that the matter is remitted to the respondents for a new hearing and new determination on the petitioner's application for a special exception use permit, after the Planning Board of the Town of Somers sets forth appropriate criteria with respect to the issue of "special community...

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