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IN THE MATTER OF ABATE v. CITY OF YONKERS

10 A.D.3d 605 (2004)

781 N.Y.S.2d 667

In the Matter of SAMUEL J. ABATE, JR., et al., Respondents, v. CITY OF YONKERS et al., Appellants-Respondents, TOWN OF GREENBURGH, Respondent-Appellant, et al., Respondents. (Proceeding No. 1.) In the Matter of TOWN OF GREENBURGH, Respondent-Appellant, v. CITY COUNCIL OF THE CITY OF YONKERS et al., Appellants-Respondents, et al., Respondents, and VILLAGE OF ARDSLEY, Intervenor-Respondent. (Proceeding No. 2.)

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

September 7, 2004.

In two related proceedings pursuant to CPLR article 78, inter alia, to prohibit the City of Yonkers from issuing any additional building permits in connection with a commercial development project know as the Austin Avenue Shopping Center Development (Proceeding No. 1), and to review the 1999 Findings Statement made by the City Council of the City of Yonkers in connection with the subject development project pursuant to the State...

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