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IN THE MATTER OF E AND J SYLCOX REALTY, INC. v. TOWN OF NEWBURGH PLANNING BOARD

12 A.D.3d 445 (2004)

783 N.Y.S.2d 819

In the Matter of E and J SYLCOX REALTY, INC., Appellant, v. TOWN OF NEWBURGH PLANNING BOARD et al., Respondents.

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

November 8, 2004.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

This appeal was not rendered academic by the substantial completion of the travel center at issue. The petitioner, E and J Sylcox Realty, Inc. (hereinafter Sylcox), properly sought injunctive relief after the site plan of the respondent Pilot Travel Centers, Inc. (hereinafter Pilot), was conditionally approved by the respondent Town of Newburgh Planning Board. After the Supreme Court denied...

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