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MATTER OF SAVE THE WOODS AND WETLANDS ASSOCIATION v. VILLAGE OF NEW PALTZ PLANNING BOARD

296 A.D.2d 679 (2002)

745 N.Y.S.2d 230

In the Matter of SAVE THE WOODS AND WETLANDS ASSOCIATION, by JUDITH JOFFEE, et al., Its Cochairpersons, Appellant-Respondent, v. VILLAGE OF NEW PALTZ PLANNING BOARD, Respondent, and SHAWANGUNK RESERVE, INC., Respondent-Appellant.

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

Decided July 11, 2002.

Rose, J.

Petitioner commenced this proceeding to annul a negative declaration of environmental impact (see, ECL 8-0109 [4]) issued by respondent Village of New Paltz Planning Board (hereinafter the Board) regarding an application for site plan approval made by respondent Shawangunk Reserve, Inc. (hereinafter Shawangunk). Based on the omission of Shawangunk as a necessary party and the expiration of the 30-day statute of limitations provided in Village Law ...

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