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PROPER v. SOUTHWESTERN BELL MOBILE SYSTEMS

266 A.D.2d 607 (1999)

697 N.Y.S.2d 743

JOHN PROPER et al., Appellants, v. SOUTHWESTERN BELL MOBILE SYSTEMS, Doing Business as CELLULAR ONE, Respondent, et al., Defendant.

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

Decided November 4, 1999.

Mercure, J. P.

On September 5, 1996, the Town of Duanesburg Planning Board approved an application by defendant Southwestern Bell Mobile Systems, doing business as Cellular One (hereinafter defendant), for a special use permit for construction of a 250-foot cellular telephone tower and a related utility building on a parcel of land on Mott Road in the Agricultural and Rural Residential District (R-100) of the Town of Duanesburg,

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