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UNITED WATER NEW ROCHELLE, INC. v. PLANNING BOARD OF TOWN OF EASTCHESTER

2 A.D.3d 627 (2003)

768 N.Y.S.2d 612

UNITED WATER NEW ROCHELLE, INC., Respondent, v. PLANNING BOARD OF TOWN OF EASTCHESTER et al., Appellants. (Matter No. 1.) In the Matter of UNITED WATER NEW ROCHELLE, INC., Respondent, v. PLANNING BOARD OF TOWN OF EASTCHESTER et al., Appellants. (Matter No. 2.)

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

December 15, 2003.

Ordered that the order and judgment and the judgment are affirmed, with one bill of costs.

The Supreme Court properly determined that the site plan application of United Water New Rochelle, Inc., dated March 7, 1994, was deemed approved by operation of the Zoning Law of the Town of Eastchester since the Planning Board of the Town of Eastchester (hereinafter the Board) failed to render a determination on the application within...

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