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MATTER OF IMPERIAL IMPROVEMENTS, LLC v. TOWN OF WAPPINGER ZONING BOARD OF APPEALS

290 A.D.2d 507 (2002)

736 N.Y.S.2d 409

In the Matter of IMPERIAL IMPROVEMENTS, LLC, Appellant, v. TOWN OF WAPPINGER ZONING BOARD OF APPEALS et al., Respondents.

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

Decided January 22, 2002.

Motion by the respondent Martin's Foods of South Burlington, Inc., to dismiss the appeal as academic.

Ordered that the motion is granted and the appeal is dismissed as academic, without costs or disbursements.

The petitioner failed to move in the Supreme Court for a preliminary injunction to enjoin the construction of the subject supermarket. In addition, the petitioner failed to move in this Court for a preliminary injunction to preserve the status quo pending...

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