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MATTER OF PADEN v. PLANNING BOARD OF THE TOWN OF MAMAKATING

270 A.D.2d 626 (2000)

704 N.Y.S.2d 523

In the Matter of MARGARET PADEN et al., Appellants, v. PLANNING BOARD OF THE TOWN OF MAMAKATING et al., Respondents.

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

Decided March 9, 2000.

Carpinello, J.

Petitioners challenge a determination of respondent Planning Board of the Town of Mamakating granting respondent J.M.L. Quarries, Inc. site plan approval to construct an asphalt concrete batch plant on a four-acre portion of its 465-acre quarry site in the Town of Mamakating, Sullivan County. In their brief, petitioners acknowledge that construction of the plant has been completed, a fact confirmed at oral argument. As a consequence, this appeal has...

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